Third-party complaints against school appointments illegal: HC

Nagpur: The Nagpur bench of Bombay high court last week ruled that third-party complaints challenging appointments in educational institutions cannot be entertained without legal standing, while strongly censuring education authorities for acting without any authority in suspending grants and cancelling approvals of school employees in Washim district. A division bench comprising Justices Mukulika Jawalkar and Nandesh Deshpande allowed two petitions filed by employees and the management of Dnyaneshwar Mauli Vidyalaya and Manohar Naik Junior College at Kondhala (Mahali), Washim, setting aside orders passed by the Amravati deputy director of education on Oct 31 and Dec 12, 2023. The court imposed costs of Rs10,000 each on the deputy director, the education officer and the original complainant, directing the amount to be deposited in the high court public welfare account within four weeks. The judges held that the director wrongly entertained a complaint filed by a retired banker and RTI activist alleging irregularities in appointments made by the institution. They observed that the activist "had no locus, even remotely, with the affairs of the trust."The petitioners included headmaster Dattatraya Kavar, assistant teacher Naresh Chavan and laboratory assistant Shailesh Chavan, whose appointments earlier received approval from the education department after due process. They challenged the director and officer move in HC through counsel Purushottam Patil and Raju Kadu, while assistant govt pleader NR Patil represented the state. According to the judgment, the employees were summoned before the director on Oct 31, 2023, without being supplied copies of the allegations against them. The bench found that the show-cause notice failed to specify any misconduct, fraud, suppression or misrepresentation, thereby violating principles of natural justice.Citing earlier rulings and govt circulars, the court reiterated that ‘a stranger cannot be permitted to meddle in any proceeding' unless he demonstrates that he is an aggrieved person with an enforceable legal right. The court further observed that the director had no statutory power to review approvals already granted to the employees. "The order therefore cannot be sustained on this ground also," the bench said. The judges noted that despite being aware that the matter was scheduled before the high court on Dec 13, 2023, the director hurriedly passed another order on Dec 12 cancelling approval granted to one of the petitioners. "We are at pains to record that the deputy director has acted de hors any authority," the bench observed, adding that such interference in the functioning of educational institutions could not be permitted.