High Court states that the most senior teacher should be appointed as principal.
Panaji: Stating that “officiating charge” cannot remain in perpetuity, the high court of Bombay at Goa has directed all concerned, including govt authorities to initiate the process of regular pro...
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Panaji: The high court of Bombay at Goa has directed all parties involved to begin the process of regular promotion to the position of principal at the Shree Ganesh Higher Secondary School, Ganeshpuri-Mapusa, by convening the departmental promotion committee promptly. The court emphasized that the regular promotions to the principal position should be completed within two months after a vacancy arose due to the retirement of the previous principal on July 31 this year.

The court, consisting of chief justice Devendra Kumar Upadhyaya and justice M S Karnik, instructed the school management to consider appointing Shilpa Pai Panandikar as the acting principal, based on seniority, and make a decision within ten days. Shilpa had approached the high court to challenge an office order appointing Sandeep V Palni as the acting principal.

The court stated that seniority should be respected even for acting appointments, unless there are valid reasons suggesting otherwise. The court expressed disagreement with the argument that Palni should be appointed due to his educational background in science, as the introduction of science subjects in the school was still in the early stages.

Advocate Rui Gomes Pereira, representing the school management, argued that Palni was appointed as the acting principal due to his background in science. However, the court found this reasoning to be insufficient and emphasized the importance of seniority in such appointments."The importance of considering seniority when appointing someone to an officiating charge should not be disregarded. In a case involving Shilpa seeking officiating charge as principal, the High Court noted that seniority of the teacher concerned should not be overlooked. Shilpa, represented by senior counsel S D Lotlikar, had sought this charge by citing Rule 86 of the Goa Education Rules 1986, which mandates that vacancies for principal positions in higher secondary schools should be filled through promotions. The rule also emphasizes that managements should prioritize selecting the most senior teacher."