The Bombay High Court has set aside an Education Officer's order rejecting a Shikshan Sevak appointment in a Scheduled Area, clarifying that compliance with the Pavitra Portal system is not mandatory when appointments are made under local reservation privileges. The Court emphasized that Government Resolutions mandating online recruitment portals do not override statutory notifications reserving posts for local Scheduled Tribe candidates.
Background & Facts
The Dispute
The petitioner, a 30-year-old Scheduled Tribe candidate with B.A. B.Ed. qualifications, was appointed as a Shikshan Sevak by respondent no. 4 school on 01.06.2020. The appointment was made pursuant to an advertisement for an English teaching position. Respondent nos. 3 and 4 submitted a proposal to respondent no. 2 (Education Officer) seeking approval of the petitioner's appointment.
Key Facts
- The petitioner belongs to the Scheduled Tribe category and possesses the requisite educational qualifications (B.A. B.Ed.).
- The appointment was made on 01.06.2020 as a Shikshan Sevak for an initial period of three years.
- The school is located in a Scheduled Area where a Government notification dated 09.06.2014 reserves certain posts for local Scheduled Tribe candidates.
- The Education Officer rejected the approval proposal vide order dated 06.12.2021 on three grounds:
- The appointment was not made through the Pavitra Portal as required by Government Resolution dated 23.06.2017.
- There was a recruitment ban during the Covid-19 pandemic per Government Resolution dated 04.05.2020.
- The petitioner was appointed to a Scheduled Tribe reserved post without verifying the roster from the Assistant Commissioner, BC Cell.
Procedural History
- 01.06.2020: Petitioner appointed as Shikshan Sevak by respondent no. 4 school.
- Date not specified: School authorities submitted approval proposal to respondent no. 2.
- 06.12.2021: Education Officer rejected the proposal vide impugned order (Exh. G).
- Date not specified: Petitioner filed Writ Petition No. 2069 of 2022 before the Bombay High Court.
- 01.07.2026: Division Bench reserved the matter.
- 16.07.2026: Judgment pronounced allowing the writ petition.
The Parties' Positions
The petitioner contended that:
- The Pavitra Portal was not operational at the time of appointment, making the first ground erroneous.
- The Government Resolution dated 04.05.2020 (Covid-19 recruitment ban) did not apply to private management appointments.
- The roster verified availability of a Scheduled Tribe reserved post at the time of appointment.
The State, through the AGP, supported the impugned order.
Relief Sought
The petitioner sought:
- Quashing and setting aside of the impugned order dated 06.12.2021.
- Direction to respondent no. 2 to grant approval to the petitioner's appointment as Shikshan Sevak.
The Legal Issue
The central question was whether Government Resolutions mandating online recruitment through the Pavitra Portal and imposing recruitment bans apply to appointments made by private educational institutions in Scheduled Areas where posts are statutorily reserved for local Scheduled Tribe candidates.
Arguments Presented
For the Petitioner
Learned counsel for the petitioner relied on two judgments of the co-ordinate Bench of the Bombay High Court:
- Surekha Nanabhau Ghongade v. The State of Maharashtra and another (Writ Petition No. 2930 of 2021, decided on 19.03.2024).
- Bhima Bhaskar Dighe v. The State of Maharashtra and Others (Writ Petition No. 7397 of 2022, decided on 19.06.2024).
The petitioner argued that the Pavitra Portal was not operational at the time of appointment, the Covid-19 recruitment ban did not apply to private management appointments, and the roster confirmed availability of a Scheduled Tribe reserved post.
For the Respondent
Learned AGP for the State supported the impugned order, defending the Education Officer's decision to reject approval based on non-compliance with the Pavitra Portal system and the recruitment ban.
The Court's Analysis
The Court examined the Government Resolutions and prior judgments to determine their applicability in Scheduled Areas.
"Though Government Resolutions dated 23.06.2017 and 07.02.2019 were issued providing online Pavitra Portal system for recruitment, Pavitra Portal system has not been put to desired use."
The Court noted that even the State acknowledged through a circular dated 07.07.2023 that the Pavitra Portal could not be operationalized in a timely manner, leading to shortages of teachers and permitting contractual appointments.
The Court observed:
"We have taken a view by passing order dated 10.06.2024 in Writ Petition No. 13150 of 2022 in the matter of Shaikh Jaweria Khadarsab Vs. The State of Maharashtra and others that approval cannot be refused on the ground that process through Pavitra Portal was not followed."
The Court further held that Government Resolutions mandating the Pavitra Portal do not contemplate any procedure for Scheduled Areas or for local candidates belonging to Scheduled Tribes, as such appointments are governed by the statutory notification reserving posts for local Scheduled Tribe candidates.
Regarding the roster verification, the Court found that the roster approved by the Commissioner, BC Cell showed one post reserved for Scheduled Tribe category at the time of the petitioner's appointment, validating the school's action.
The Verdict
The Court allowed the writ petition in terms of prayer clauses B and C. The impugned order dated 06.12.2021 was quashed and set aside. The Education Officer was directed to grant approval to the petitioner's appointment as Shikshan Sevak, ignoring procedural non-compliance with the Pavitra Portal system. The Court held that the Government Resolutions dated 23.06.2017 and 04.05.2020 do not apply to appointments made in Scheduled Areas under local reservation privileges.
What This Means For Similar Cases
Scheduled Area Appointments Are Governed by Local Reservation Notifications
- Appointments to posts reserved for local Scheduled Tribe candidates in Scheduled Areas are governed by statutory notifications, not Government Resolutions mandating online portals.
- The Pavitra Portal system is not mandatory when it has not been operationalized or when appointments are made under local reservation privileges.
Government Resolutions Do Not Override Statutory Notifications
- Government Resolution dated 23.06.2017 (Pavitra Portal) and Government Resolution dated 04.05.2020 (Covid-19 recruitment ban) do not apply to appointments made in Scheduled Areas where posts are statutorily reserved for local Scheduled Tribe candidates.
- The Court emphasized that statutory notifications take precedence over administrative resolutions when they confer specific privileges.
Roster Verification Is Sufficient for Reservation Compliance
- Educational institutions in Scheduled Areas may rely on roster verification from the Assistant Commissioner, BC Cell to confirm availability of reserved category posts.
- Procedural compliance with online portals is not a substitute for statutory reservation compliance in Scheduled Areas.
