Illegality of Initial Appointment Vitiates Probationary Rights Under Private School Employment Regulations

sketch of the Bombay High Court
Case
SARASWATI SHIKSHAN MANDAL PANDARE and ANR. v. SHRI SHINDE SUNIL TUKARAM and ORS. (Bombay High Court, 07-10-2026)
Law
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act.

Highlights of the Judgment:

  • Examination of the legality of an initial appointment made without following due statutory procedure, advertisement, and interviews under the MEPS Act.
  • Analysis of whether an appointment against a reserved category post without considering reservation policies can be termed a clear vacancy conferring probationary rights.
  • Evaluation of the validity and evidentiary weight of hastily granted administrative approvals for appointments by preceding management bodies.
  • Discussion on the legal consequence where an appointment is ab initio illegal, negating claims of deemed permanency or protections afforded to probationers.
  • Precedents distinguishing between appointments against open legitimate vacancies versus irregular entries lacking statutory compliance.