The High Court Rules in Favor of Appointing the Most Senior Teacher 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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The high court of Bombay at Goa has directed all relevant parties, including government authorities, to commence the process of regular promotion for the position of principal at Shree Ganesh Higher Secondary School in Ganeshpuri-Mapusa. The court emphasized that the practice of regular promotions should be finalized within two months, following a vacancy that arose when the previous principal retired on July 31. The court advised the school management to consider appointing Shilpa Pai Panandikar as the acting principal, taking into account her seniority, within ten days. Shilpa had sought the court’s intervention to challenge a decision that appointed Sandeep V Palni as the acting principal instead. The court stressed the importance of adhering to seniority even for acting appointments, unless there are valid reasons to choose otherwise. Additionally, the court dismissed the argument that the decision was based on the introduction of science subjects at the school, stating that seniority should take precedence.It is necessary to consider the importance of seniority when appointing someone to an officiating role. The court noted that seniority should not be disregarded when assigning officiating duties. In this case, Shilpa believed she should have been appointed as the acting principal and decided to seek legal assistance from her advocate, senior counsel S D Lotlikar. The High Court pointed out that according to rule 86 of the Goa Education Rules 1986, vacancies for principal positions at higher secondary schools should be filled through promotion. In the selection process, the management should first consider promoting the most senior teacher.