Case Note & Summary
The petitioners, Kum. Ratna Ramesh Salunke and Sou. Sanjivani Shailesh Patil, along with the Sudhagad Education Society and the Head Master of G.B. Vader Secondary School, filed writ petitions challenging transfer orders issued by the Education Officer (Secondary), Raigad Zilla Parishad, Alibagh. The transfer orders directed the transfer of teachers from one aided school to another within the same district. The petitioners contended that the Education Officer lacked jurisdiction to issue such transfer orders and that the orders were passed without giving them an opportunity of hearing. The respondents, including the State of Maharashtra, argued that the transfer policy issued by the State Government under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, empowered the Education Officer to transfer surplus teachers and that the policy was binding on aided schools. The court examined the relevant provisions of the Act and the Rules, as well as the transfer policy. The court held that the Education Officer had the jurisdiction to order the transfer of teachers and that the transfer policy was valid and binding. The court further held that the petitioners had an alternative remedy of appeal under the Act and that the writ petitions were not maintainable. Consequently, the court dismissed all three writ petitions.
Headnote
A) Service Law - Transfer of Teachers - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - Transfer Policy - The court considered the validity of transfer orders issued by the Education Officer transferring teachers from one aided school to another. The court held that the transfer policy issued by the State Government is binding on aided schools and the Education Officer has jurisdiction to order transfer of surplus teachers. The court further held that the transfer order cannot be challenged on the ground of lack of opportunity of hearing if the policy provides for transfer without consent. (Paras 10-15) B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - The court held that a writ petition against a transfer order is not maintainable if the petitioner has an alternative remedy of appeal under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court dismissed the petitions on the ground that the petitioners failed to exhaust the statutory remedy of appeal. (Paras 16-20)
Issue of Consideration
Whether the transfer orders issued by the Education Officer transferring teachers from one aided school to another are valid and within jurisdiction, and whether the petitioners are entitled to challenge such orders by way of writ petition.
Final Decision
All three writ petitions are dismissed. The transfer orders are upheld as valid and within jurisdiction. The petitioners are directed to comply with the transfer orders.
Law Points
- Transfer of teachers in aided schools is governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977 and Rules
- 1981
- Transfer policy issued by the State Government is binding on aided schools
- Education Officer has jurisdiction to order transfer of surplus teachers
- Transfer order cannot be challenged on ground of lack of opportunity of hearing if policy provides for transfer without consent
- Writ petition against transfer order is not maintainable if alternative remedy of appeal is available.
