Ku.Kunda
Motiram Bodalkar Vs. Swami Vivekanand Shikshan Sanstha & Ors. [2010] INSC
399 (20 April 2010)
Judgment
CIVIL
APPELLATE JURISDICTION CIVIL APPEAL NOS. 3544-3545 OF 2010 (Arising out of
SLP(C) Nos.28100-28101/2008) KU. KUNDA MOTIRAM BODALKAR Appellant(s) :VERSUS:
SWAMI
VIVEKANAND SHIKSHAN SANSTHA & ORS. Respondent(s)
O R D E R
Delay
condoned.
Leave
granted.
Heard
counsel for the appellant and the contesting respondent no.4. Also heard
counsel representing the State of Maharashtra. Counsel appearing on behalf of
respondent No.6 is supporting the claim of the appellant.
The
dispute in this case relates to the appointment of the Headmistress of Sant
Shivram Maharaj Madhyamik Vidyalaya, Bhandara, which is a recognized -2-
secondary school run by Swami Vivekanand Shikshan Sanstha, respondent no.1. The
appellant was appointed as Headmistress of the school by respondent No.6 in the
year 2004. Admittedly, prior permission for her appointment was not obtained
from the competent authority and that alone is the reason for which the High
Court found the appointment illegal and struck it down.
It is
undeniable that the appointment of the appellant as the Headmistress was made
on the basis of an advertisement. It is also clear that at that time no other
teacher in the school was eligible to be appointed as Headmistress. It is also
not denied that later on the appellant's appointment was approved by the
competent authority. We were also told that since her appointment the appellant
is working as the Headmistress in the school.
Learned
counsel appearing for the State admitted that apart from the fact that there
was no prior permission for the appointment, there is no other irregularity in
the appellant's appointment as Headmistress.
In those
facts, we are of the view that the High court was in error in interfering in
the matter and setting aside the appellant's appointment.
-3- We,
accordingly, set aside the High Court order and confirm the appellant's
appointment to the post of Headmistress.
The
appeals stand allowed accordingly.
.....................J (AFTAB ALAM)
.....................J (K.S. RADHAKRISHNAN)
New Delhi;
April 20, 2010.
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