Ku.Kunda Motiram Bodalkar vs Swami Vivekanand Shikshan … on 20 April, 2010

                            IN THE SUPREME COURT OF INDIA
                 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
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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.
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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.