Case Note & Summary
The petitioner, Basaveshwar Engineering College, Bagalkot, an aided institution receiving salary grants from the State, challenged an order dated 29.06.2024 passed by the fourth respondent, Joint Director (Administration), Department of Technical Education. The order deployed six teaching and non-teaching staff from B.V.B. Engineering College, Hubballi to the petitioner's college. The petitioner expressed its inability to allow the joining of these staff members, leading to the filing of the writ petition. The court examined whether the Joint Director had the authority to unilaterally deploy staff without the consent of the receiving institution. The court noted that the petitioner is an aided institution with NAAC 'A Grade' accreditation and is affiliated to Sir M. Visvesvaraya Institute of Technology. The court found that the impugned order was passed without jurisdiction and without affording any opportunity to the petitioner. Consequently, the court allowed the writ petition and quashed the order dated 29.06.2024.
Headnote
A) Service Law - Transfer of Staff - Deployment Without Consent - The Joint Director (Administration) passed an order deploying six employees from B.V.B. Engineering College, Hubballi to the petitioner's college without seeking the petitioner's consent. The court held that such unilateral deployment infringes upon the autonomy of the aided institution and is not permissible under the relevant rules. (Paras 3-5) B) Constitutional Law - Writ Jurisdiction - Certiorari - The petitioner sought quashing of the deployment order under Articles 226 and 227 of the Constitution of India. The court allowed the petition and quashed the order dated 29.06.2024, as it was passed without jurisdiction and without affording any opportunity to the petitioner. (Paras 1, 6)
Issue of Consideration
Whether the Joint Director (Administration), Department of Technical Education, has the power to unilaterally deploy teaching and non-teaching staff from one aided engineering college to another without the consent of the receiving institution.
Final Decision
The writ petition is allowed. The order dated 29.06.2024 bearing No. DTE 09 EST (14) 2024 passed by the fourth respondent is quashed.
Law Points
- Transfer of staff without consent of aided institution
- Autonomy of aided educational institutions
- Power of Department of Technical Education to deploy staff
- Articles 226 and 227 of Constitution of India
