Case Note & Summary
The petitioner, Sau. Kalpana w/o Jayant Kolarkar, was an assistant teacher at New English High School (NEHS), Akola, run by Akola Education Society. Due to a retirement, a lecturer post fell vacant in New English Junior College (NEJC), also run by the same management. The management issued a transfer order dated 14.9.2006 promoting her to the lecturer post. The Deputy Director of Education, Amravati Division, rejected approval on 20.9.2006 on the ground that her appointment in the Junior College could not be made by promotion and transfer. Another order dated 30.11.2006 was passed stating she was merely transferred and not promoted, but the Deputy Director again rejected approval on 19.5.2007. The petitioner filed Writ Petition No.3416/2007, which was decided on 1.8.2008, setting aside the rejection and directing consideration under Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (MEPS Rules). The Deputy Director again rejected approval on 30.9.2008, leading to the present petition. The High Court examined the provisions of Rule 41 and the definition of 'transfer' under the MEPS Rules. It held that the transfer was within the same management and did not require a separate approval for promotion. The court found that the Deputy Director's rejection was based on an erroneous interpretation and that the transfer was valid. The court allowed the petition, set aside the impugned communications, and directed the Deputy Director to grant approval to the transfer order dated 30.11.2006 within four weeks.
Headnote
A) Education Law - Transfer of Teacher - Approval under Rule 41 - The petitioner, an assistant teacher, was transferred by promotion to a lecturer post in the same management's junior college. The Deputy Director rejected approval on the ground that the appointment could not be made by promotion and transfer. The High Court held that the transfer was within the same management and Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 mandates approval for such transfer. The rejection was set aside and direction given to grant approval (Paras 1-14).
Issue of Consideration
Whether the Deputy Director of Education can refuse approval to a transfer order of a teacher from a school to a junior college run by the same management on the ground that the transfer amounts to a promotion and is not permissible under the Rules.
Final Decision
Writ petition allowed. Impugned communications dated 30.9.2008 and 19.5.2007 are set aside. Respondent No.2 is directed to grant approval to the transfer order dated 30.11.2006 within four weeks.
Law Points
- Transfer within same management is not a promotion requiring separate approval
- Rule 41 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules
- 1981 mandates approval for transfer
- Deputy Director cannot reject transfer approval on ground that it is a promotion
