Case Note & Summary
The Petitioner, Hanmant Bhagwat Melage, was employed as an Art Teacher in Rajiv Smruti Bahu-Uddeshiya Sanstha, an aided school for handicapped students at Barsi, Solapur. He filed a Writ Petition under Article 226 of the Constitution of India seeking a direction to the Respondents to protect his service as Art Teacher in terms of Rules 26 and 27 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and Rules 1981, by transferring him to any other aided school meant for handicapped students anywhere in Maharashtra, but preferably in Solapur District. The Petitioner contended that he was entitled to be transferred only to a school for handicapped students. The Respondents, including the State of Maharashtra and the school, opposed the petition. The High Court, after hearing the parties, held that the transfer of an employee from one aided school to another is permissible under the MEPS Rules, 1981. The Petitioner could not insist that he be transferred only to a school for handicapped students. The Court found no merit in the petition and dismissed it. The Court did not award any costs.
Headnote
A) Service Law - Transfer - MEPS Rules - Rules 26 and 27 of Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and Rules 1981 - Petitioner, an Art Teacher in an aided school for handicapped students, sought direction to be transferred only to another aided school for handicapped students - Court held that transfer from one aided school to another is permissible under the Rules, and the Petitioner cannot insist on transfer only to a school for handicapped students - Petition dismissed (Paras 1-4).
Issue of Consideration
Whether the Petitioner is entitled to a direction that he be transferred only to an aided school meant for handicapped students, and whether the Respondents can be directed to protect his service as Art Teacher in terms of Rules 26 and 27 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 and Rules 1981.
Final Decision
The Writ Petition is dismissed. No order as to costs.
Law Points
- Transfer of employee from one aided school to another is permissible under MEPS Rules
- 1981
- Petitioner cannot insist on transfer only to a school for handicapped students
- No vested right to choose place of transfer
- Rule 26 and 27 of MEPS Rules
Case Details
2010 LawText (BOM) (06) 41
Writ Petition No.4082 of 2001
P.B. Majmudar, R.M. Savant
S.G. Kudle for Petitioner, V.S. Gokhale AGP for Respondent Nos.1 to 3, Ashok Tajne i/b G.S. Godbole for Respondent No.4
The State of Maharashtra, The Divisional Social Welfare Officer Pune, The District Social Welfare Officer Solapur, Rajiv Smruti Bahu-Uddeshiya Sanstha
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking direction to protect service as Art Teacher and transfer to another aided school for handicapped students.
Remedy Sought
Direction to Respondents to protect Petitioner's service as Art Teacher in terms of Rules 26 and 27 of MEPS Act and Rules, by transferring him to any other aided school meant for handicapped students anywhere in Maharashtra, preferably in Solapur District.
Filing Reason
Petitioner sought transfer to another aided school for handicapped students, but the Respondents did not comply with his request.
Issues
Whether the Petitioner is entitled to a direction that he be transferred only to an aided school meant for handicapped students.
Whether the Respondents can be directed to protect his service as Art Teacher in terms of Rules 26 and 27 of the MEPS Act and Rules.
Submissions/Arguments
Petitioner argued that he is entitled to be transferred only to a school for handicapped students.
Respondents opposed the petition, contending that transfer from one aided school to another is permissible under the Rules.
Ratio Decidendi
Transfer of an employee from one aided school to another is permissible under the MEPS Rules, 1981. The Petitioner cannot insist that he be transferred only to a school for handicapped students.
Judgment Excerpts
By way of this Petition filed under Article 226 of the Constitution of India, the Petitioner inter alia seeks a direction to the effect that the Respondents be directed to protect his service as Art Teacher in terms of Rule 26 and 27 of Maharashtra Employees of Private Schools (Condition of Service) Regulation Act 1977 and Rules 1981, thereby transferring him in any other Aided school meant for handicapped students anywhere in Maharashtra, but preferably in Solapur District.
The transfer of an employee from one aided school to another is permissible under the said Rules. The Petitioner cannot insist that he be transferred only to a school for handicapped students.
Procedural History
The Petitioner filed Writ Petition No.4082 of 2001 under Article 226 of the Constitution of India before the High Court of Judicature at Bombay. The petition was heard by a Division Bench comprising P.B. Majmudar and R.M. Savant, JJ., and was dismissed on 16th June 2010.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977: Rules 26, 27
- Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981: Rules 26, 27
