Case Note & Summary
The petitioner, a Scheduled Caste teacher with qualifications M.A. (English), B.Ed., D.Ed., and MSCIT, was appointed as Assistant Teacher in an unaided school by respondent No.3 and 4 on 27/06/2011. The Education Officer (respondent No.2) granted approval to her appointment. In 2017, two teachers superannuated, creating vacancies in the aided section. The petitioner applied for transfer to those vacancies. The trust passed a resolution on 26/11/2021 transferring her from the unaided to the aided section. She joined duties on 29/11/2021. However, the Education Officer, by order dated 30/11/2021, withdrew the earlier approval granted to her initial appointment and directed the school to recover salary paid. The petitioner challenged this order. The court held that the transfer was within the same school and did not require prior approval of the Education Officer under the MEPS Act and Rules. The court also held that the withdrawal of approval without hearing was arbitrary. The petition was allowed, quashing the impugned order and directing the Education Officer to consider the transfer proposal afresh.
Headnote
A) Service Law - Transfer - Approval - Transfer of teacher from unaided to aided section of same school does not require prior approval of Education Officer under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules, 1981 - Held that Rule 12 of the MEPS Rules applies to transfers within same school and approval of Education Officer is not a condition precedent (Paras 6-8).
B) Service Law - Approval - Withdrawal - Approval once granted for initial appointment cannot be withdrawn retrospectively without affording opportunity of hearing - Held that the Education Officer's order withdrawing approval was arbitrary and violative of principles of natural justice (Para 9).
Issue of Consideration
Whether transfer of a teacher from unaided section to aided section of the same school requires prior approval of the Education Officer under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules thereunder.
Final Decision
Petition allowed. Impugned order dated 30/11/2021 quashed and set aside. Respondent No.2 directed to consider the transfer proposal afresh in accordance with law within four weeks.
Law Points
- Transfer within same school from unaided to aided section does not require prior approval of Education Officer
- Approval once granted for initial appointment cannot be withdrawn retrospectively
- Rule 12 of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981 applies to transfers within same school
Case Details
2024 LawText (BOM) (02) 268
Writ Petition No. 7976 of 2022
Nitin W. Sambre, Abhay J. Mantri
Mr. I.N. Chaudhari for petitioner, Mr. A.M. Ghogre for respondent Nos.1 & 2, Mr. R.M. Wasnik for respondent No.3 and 4
Ku. Omika d/o Wasudeo Shahare
State of Maharashtra, Education Officer (Secondary), Mahatma Jyotiba Fule Shikshan Sanstha, Balasaheb Tirpude High School
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Nature of Litigation
Writ petition challenging order of Education Officer withdrawing approval of appointment and refusing to approve transfer.
Remedy Sought
Petitioner sought quashing of order dated 30/11/2021 and direction to approve her transfer from unaided to aided section.
Filing Reason
Education Officer withdrew approval of petitioner's initial appointment and refused to approve her transfer to aided section.
Previous Decisions
Education Officer granted approval to initial appointment on 27/06/2011; trust passed resolution for transfer on 26/11/2021; Education Officer withdrew approval on 30/11/2021.
Issues
Whether transfer of teacher from unaided to aided section of same school requires prior approval of Education Officer?
Whether withdrawal of approval without hearing is valid?
Submissions/Arguments
Petitioner argued that transfer within same school does not require approval under MEPS Act and Rules.
Respondent argued that transfer to aided post requires approval as it involves grant-in-aid.
Ratio Decidendi
Transfer of a teacher from unaided to aided section of the same school is governed by Rule 12 of the MEPS Rules, 1981, and does not require prior approval of the Education Officer. Withdrawal of approval already granted without affording opportunity of hearing is arbitrary and violative of principles of natural justice.
Judgment Excerpts
Rule 12 of the MEPS Rules, 1981, deals with transfer of an employee from one school to another school or from one section to another section of the same school.
The approval of the Education Officer is not a condition precedent for transfer within the same school.
The order withdrawing approval without hearing the petitioner is arbitrary.
Procedural History
Petitioner appointed as Assistant Teacher on 27/06/2011 with approval. On 26/11/2021, trust resolved to transfer her to aided section. She joined on 29/11/2021. On 30/11/2021, Education Officer withdrew approval and directed recovery. Petitioner filed writ petition on 2022. Heard and decided on 05/02/2024.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 12
