Case Note & Summary
The petitioner, Ajay Vishwanath Kharade, was appointed as an Assistant Teacher in the unaided section of Sant Dnyaneshwar Primary Vidyamandir, run by Shri Ganesh Shikshan Prasarak Mandal. On 1st June 2016, the management transferred him to the aided section of the same school. The proposal for approval was submitted to the Education Officer (Primary), Zilla Parishad, Solapur (Respondent No. 4). However, by order dated 1st March 2017, the Education Officer refused approval on the ground that transfer from an unaided school to an aided school is not permissible under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and Rules. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking quashing of the impugned order and directions to grant approval and release salary. The High Court examined the relevant provisions, particularly Rule 12(2) and Rule 41 of the MEPS Rules, and found no prohibition against such transfer. The court noted that the management had transferred the petitioner within the same institution, and the refusal was arbitrary and without legal basis. The court allowed the petition, quashed the impugned order, and directed the Education Officer to grant approval to the transfer proposal dated 1st June 2016 and release the petitioner's salary from that date. The court also directed that the salary be paid within eight weeks.
Headnote
A) Education Law - Transfer of Teacher - Approval - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules, 1981 - Rule 12(2) and Rule 41 - The petitioner, a teacher appointed in an unaided school, was transferred to an aided school of the same management. The Education Officer refused approval on the ground that transfer from unaided to aided school is not permissible. The High Court held that there is no bar under the MEPS Rules for such transfer, and the refusal was arbitrary. The court directed the Education Officer to grant approval and release salary from the date of transfer. (Paras 4-10)
B) Education Law - Salary - Release - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules, 1981 - Rule 41 - The court held that once the transfer is approved, the teacher is entitled to salary from the date of transfer. The Education Officer was directed to release salary from 1st June 2016. (Para 10)
Issue of Consideration
Whether the Education Officer can refuse approval to the transfer of a teacher from an unaided school to an aided school of the same management, and whether such refusal is valid under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and Rules.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 1st March 2017, and directed the Education Officer to grant approval to the transfer proposal dated 1st June 2016 and release the petitioner's salary from that date within eight weeks.
Law Points
- Transfer of teacher from unaided to aided school of same management is permissible
- approval cannot be denied solely on ground of transfer from unaided to aided section
- MEPS Rules 1981
- Rule 12(2) and Rule 41
- Article 226 of Constitution of India
Case Details
2021 LawText (BOM) (08) 32
Writ Petition No. 14234 of 2018
R.D. Dhanuka, R.I. Chagla
Mr. Akhil Kupade i/by Manoj Harit and Co. for the Petitioner, Mr. N. C. Walimbe, AGP for Respondent Nos. 1 to 3, Mr. Anand S. Kulkarni for Respondent No.4
State of Maharashtra & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order of the Education Officer refusing approval to the transfer of a teacher from an unaided school to an aided school of the same management.
Remedy Sought
Quashing of the impugned order dated 1st March 2017 and direction to the Education Officer to grant approval to the transfer proposal and release salary from the date of transfer.
Filing Reason
The Education Officer refused approval to the transfer of the petitioner from an unaided school to an aided school of the same management on the ground that such transfer is not permissible.
Previous Decisions
The Education Officer passed the impugned order dated 1st March 2017 refusing approval.
Issues
Whether the Education Officer's refusal to approve the transfer of a teacher from an unaided to an aided school of the same management is valid under the MEPS Act and Rules.
Whether the petitioner is entitled to salary from the date of transfer.
Submissions/Arguments
The petitioner argued that there is no bar under the MEPS Rules for transfer from unaided to aided school of the same management, and the refusal was arbitrary.
The respondents argued that transfer from unaided to aided school is not permissible under the rules.
Ratio Decidendi
There is no prohibition under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 for transfer of a teacher from an unaided school to an aided school of the same management. The refusal of approval by the Education Officer was arbitrary and without legal basis. The teacher is entitled to salary from the date of transfer once approval is granted.
Judgment Excerpts
By this Petition fled under Article 226 of the Constitution of India, the Petitioner seeks quashing and setting aside of the impugned order dated 1st March 2017 passed by the Respondent No. 4 and further directions against Respondent Nos. 4 to accord approval to the proposal dated 1st June 2016 of the Petitioner as Assistant Teacher transferred from the unaided school to the aided school of the same institution with applicable pay scale with effect from the date of his transfer.
The Petitioner has also sought direction against Respondent No. 4 to release the salary of the Petitioner from the date of his transfer i.e. 1st June 2016 from unaided to aided school.
Procedural History
The petitioner was appointed in the unaided school. On 1st June 2016, he was transferred to the aided school. The proposal for approval was submitted to the Education Officer, who refused approval by order dated 1st March 2017. The petitioner then filed the present writ petition on an unspecified date. The petition was heard and finally disposed of on 24 August 2021.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 12(2), Rule 41
