High Court: Principal Position Should be Given to Most Senior Teacher
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 instructed all relevant parties, including government authorities, to start the process of regular promotion to the position of principal at Shree Ganesh Higher Secondary School, Ganeshpuri-Mapusa by promptly convening the departmental promotion committee. The court has emphasized that regular promotions to the principal position must be concluded within two months. The vacancy for the principal position arose after the previous principal retired on July 31 this year.

In a ruling by the division bench of Chief Justice of the Bombay High Court, Devendra Kumar Upadhyaya, and Justice M S Karnik, the school management has been directed to consider appointing Shilpa Pai Panandikar as the officiating principal with regard to seniority. Shilpa had petitioned the high court to challenge an office order dated July 31, which appointed Sandeep V Palni as the officiating principal.

The court emphasized the importance of seniority even in the appointment of an officiating principal, stating that the most senior teacher should be given the role unless there are valid reasons against it. The school management argued that Palni was appointed as the officiating principal due to the introduction of science subjects at the school and Palni's educational background in science. However, the court did not find this justification acceptable.

Advocate Rui Gomes Pereira, representing the school management, explained that Palni was chosen for the role due to his expertise in science education. The high court, however, maintained that seniority should be the primary factor considered in appointing an officiating principal."It is crucial to consider seniority when appointing someone to officiate in a position, such as in the case of assigning officiating charge as a principal. This factor should not be disregarded when determining the suitable candidate for the role. Shilpa, who believed she should have been appointed as an officiating principal, sought legal assistance from her advocate, senior counsel S D Lotlikar. The High Court emphasized the significance of following Rule 86 of the Goa Education Rules 1986, which mandates that vacancies for the position of principal in a higher secondary school should be filled through promotion. Furthermore, the rule requires that when filling such positions, school managements must prioritize selecting the most senior teacher."