PANJIM: The High Court of Bombay at Goa has directed the management of a higher secondary school in Aldona to fill up the post of Principal through Departmental Promotion Committee (DPC) within three months.
Petitioner Melvyn Fernandes had approached the court challenging the appointment of Fr Jerad Sahayaraj as the principal of St Thomas Higher Secondary School, Aldona.
The petitioner in his petition sought a writ of quo warranto, questioning Fr Jerad’s appointment on the ground that the latter at the time of his appointment, or even otherwise, did not fulfill the qualifications prescribed in Rule 78 of the Goa School Education Rules, 1986, in so far as direct recruitment or promotion to the said post is concerned.
The current principal on the other hand, argued that he had 10 years experience, as Headmaster of the school under the same management. However, he did not have five years service in higher secondary schools as Grade I teacher or in primary training colleges as a senior instructor, as the case may be.
In its order, the Division Bench of Justice M S Sonak and M S Jawalkar set aside the appointment of Fr Jerad while clarifying that he will be entitled to continue as the principal of the school, on ad hoc basis for a period of three months, unless, of course, he is promoted by the DPC by adhering to the provisions of the said Act and the said Rules.
“We make it clear that the DPC, this time, will have to make the promotions by adhering to the provisions of the said Act and the said Rules,” the order stated.
