Case Note & Summary
The petitioners challenged a circular issued by the State Government that stayed the operation of Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, which governed transfers of teachers from unaided to aided schools. The Rule was validly enacted after previous publication under Section 16(3) of the parent Act of 1977. The circular of 01/12/2022 stayed Rule 41A and a related Government Resolution, citing irregularities in transfers. The petitioners, a school management and a teacher, sought approval for a transfer from unaided to aided division, which was rejected based on the circular. The main legal issue was whether an executive circular could override a statutory rule. The petitioners relied on Supreme Court precedent that no government order or circular can substitute statutory rules. The State argued that the stay was temporary to verify compliance and prevent irregularities. The court held that a validly made rule remains in force until amended or deleted as per law and cannot be stayed by an executive circular; the circular was ultra vires. Consequently, the court set aside the circular to the extent it stayed Rule 41A, quashed the resultant rejection order, and directed the Education Officer to decide the transfer proposal on merits under Rule 41A within six weeks. The decision reinforces that administrative instructions cannot supplant statutory rules.
Headnote
A) Service Law - Statutory Rules - Validity of Executive Circular Staying Rule - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 16(3); Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 41A - The State Government issued a Circular staying the operation of Rule 41A, which was inserted vide notification after previous publication under Section 16(3) of the Act. The Court held that a rule validly framed under a statute cannot be stayed or superseded by an executive circular; executive instructions may supplement but cannot supplant statutory rules. The circular was ultra vires. Held, the Circular dated 01/12/2022 to the extent it stayed Rule 41A was set aside. (Paras 7-8)
B) Service Law - Transfer of Teachers - Approval by Education Officer - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 41A - The rejection of the transfer proposal based on the impugned circular was unsustainable. Once the circular was quashed, the rejection order dated 19/01/2023 founded on it was liable to be set aside. Held, the Education Officer was directed to decide the proposal afresh on its own merits in accordance with Rule 41A within six weeks. (Paras 8-9)
Issue of Consideration
Whether the operation of a Rule framed in accordance with the provisions of Section 16(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 can be stayed by issuing executive instructions in the form a Circular?
Final Decision
Circular dated 01/12/2022 to the extent it stayed operation of Rule 41A was set aside. Rejection order dated 19/01/2023 was set aside. Education Officer directed to decide the transfer proposal on its own merits in accordance with Rule 41A within six weeks.
Law Points
- Legal points not extracted
- statutory rules cannot be stayed by executive circular
- executive instructions cannot supplant statutory rules
- Rule 41A remains operational unless amended or deleted as per law
- Government cannot nullify a rule via administrative directions
Case Details
2023 LawText (BOM) (07) 159
Writ Petition No. 8215 of 2022 with connected petitions
A. S. Chandurkar, Vrushali V. Joshi
Friends Social Circle, Mughal National Urdhu Girls High School, Benazeer Khan Shahabaj Khan
State of Maharashtra, Education Officer (Secondary) Zilla Parishad Akola, Deputy Director of Education Amravati Division, Chief Technical Director National Information Center
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Nature of Litigation
Challenge to Government Circular staying operation of statutory rule governing transfer of teachers from unaided to aided schools, and challenge to rejection of transfer approval.
Remedy Sought
Petitioners sought to quash the Circular dated 01/12/2022 and to direct the Education Officer to decide the transfer proposal in accordance with Rule 41A.
Filing Reason
Circular stayed operation of Rule 41A, causing transfer proposals to be rejected; petitioners' proposal for transfer of a teacher from unaided to aided division was rejected.
Previous Decisions
Interim order dated 21/12/2022 directed Education Officer to consider proposal as per Rule 41A, but proposal was rejected on 19/01/2023; rejection also challenged.
Issues
Whether a Government Circular can stay the operation of a Statutory Rule framed under Section 16(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977?
Whether the rejection of the transfer proposal based on such Circular was valid?
Submissions/Arguments
Petitioners: Rule 41A was validly enacted; its operation cannot be stayed by a circular; no power exists to do so; the circular is liable to be set aside. Relied on Dr Rajinder Singh vs. State of Punjab to argue that no government order can substitute statutory rules. Government Resolution only supplements Rule 41A. Rejection order was based on circular, hence unsustainable.
Respondents (State): Circular was issued because irregularities were noticed in implementing Rule 41A and Government Resolution; the stay was temporary to verify compliance and research new conditions; it was not intended to permanently override the rule.
Ratio Decidendi
A statutory rule validly made after previous publication under Section 16(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 cannot be stayed or superseded by an executive circular. Executive instructions may supplement but cannot supplant statutory rules. The circular dated 01/12/2022 was ultra vires.
Judgment Excerpts
Once Rule 41A is validly enacted and is placed in the Rules of 1981, the same would operate till such time it is subsequently amended or deleted as the case may be. However as long as Rule 41A continues on the statute book its operation cannot be stayed by issuing a Circular
The Honourable Supreme Court in Dr Rajinder Singh (supra) has held that it is a settled position of law that no government order or notification or circular can be a substitute of statutory rules framed with the authority of law.
we are satisfied that the Circular dated 01/12/2022 to the extent it stays the operation of Rule 41A of the Rules of 1981 cannot be sustained and is liable to be set aside.
Procedural History
Writ petition filed challenging Circular dated 01/12/2022 and seeking direction to decide transfer proposal. Interim order dated 21/12/2022 directed Education Officer to consider proposal as per Rule 41A. Proposal rejected on 19/01/2023. Writ petition amended to challenge rejection. Heard on 21/07/2023.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 16(3)
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 41A
