PANJIM: The High Court of Bombay at Goa has quashed and set aside appointment of a teacher as principal in a Mulgao-Bicholim higher secondary school by superceeding the seniormost teacher and directed the Director of Education to take a decision in accordance with the law on the recommendation of the review DPC within a month.
While hearing a writ petition filed by Jairam Kerkar, the Court quashed the recommendations of the DPC and also quashed and set aside the appointment of Laxmikant Parab, presently working as principal of Dnyanprakash Mandal Bicholim Higher Secondary School, Mulgao, Assonora, dated December 13, 2022.
The court has directed the managing committee of Dnyanprakash Mandal Bicholim Higher Secondary School, Mulgao, to appoint the petitioner as principal-in-charge forthwith until a regular appointment is made to the post of principal. The Court has also asked the State government and the Director of Education to ensure that this is done, and that the petitioner is not forced to file a contempt petition again.
Also the Dnyanprakash Mandal Bicholim Higher Secondary School has been asked to hold a review DPC within a period of two months for filling up the post of principal on a regular basis effective from July 31, 2022. The DPC must, however, not consider the impugned adverse remarks or the manager’s certificates declaring the petitioner as unfit and the fourth respondent as most competent. The DPC must abide by the parameters of rule 86 of the said Rules as interpreted by this Court.
The school management has been asked to pay cost of Rs 25,000 to the petitioner within 15 days from the date of the order.
The petitioner Jairam Kerkar, the senior-most teacher in the feeder category had challenged his supersession and the consequent promotion of Laxmikant Parab to the post of headmaster, which he said was vitiated by malafide and breach of the Goa School Education Act, 1984 and the Goa School Education Rules, 1986.
