The Nagpur bench of the Bombay High Court has ruled that third-party complaints challenging appointments in educational institutions cannot be entertained unless the complainant has legal standing. The court strongly censured education authorities for acting without authority in suspending grants and cancelling approvals of school employees in Washim district.
Court Orders and Costs Imposed
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. The court set aside orders passed by the Amravati deputy director of education on October 31 and December 12, 2023. It imposed costs of Rs 10,000 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.
Details of the Case
The judges held that the deputy 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 had previously received approval from the education department after due process. They challenged the director and officer's move in the high court through counsel Purushottam Patil and Raju Kadu, while assistant government pleader N.R. Patil represented the state.
Violation of Natural Justice
According to the judgment, the employees were summoned before the deputy director on October 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 government 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.
Lack of Statutory Power
The court further observed that the deputy 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 December 13, 2023, the deputy director hurriedly passed another order on December 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.
