Case Note & Summary
The petitioner, Smt. Sunita Laxmanrao Fuke, was appointed as an Assistant Teacher in 1993 at Indira Prathmik Shala, a primary school run by respondent No.5 trust, and later promoted to Headmistress. The school was originally located at Baijipura, Aurangabad. On 19/03/2015, respondent No.1 (State of Maharashtra) passed an order allowing the transfer of the school to Wadgaon-Kolhati, Taluka and District Aurangabad. Subsequently, on 19/02/2016, the petitioner was placed under suspension by respondent No.5. The petitioner filed a writ petition challenging both the transfer order and the suspension order. However, at the hearing, the petitioner's counsel restricted the challenge to the transfer of the school only. The petitioner contended that the transfer was illegal as it was made without prior permission of the State Government as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The respondents argued that the transfer was approved by the State Government and was in the interest of the school. The court examined the provisions and found that the transfer order dated 19/03/2015 was passed without prior permission, as the approval was granted after the fact. The court held that the transfer was void ab initio and quashed the order. The court also noted that the petitioner had locus standi to challenge the transfer as it affected her service conditions. The petition was allowed, and the transfer order was set aside.
Headnote
A) Education Law - Transfer of School - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 7 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Prior Permission - The petitioner, a headmistress, challenged the transfer of the school from Baijipura to Wadgaon-Kolhati without prior approval of the State Government. The court held that the transfer was illegal and void ab initio as it contravened the mandatory requirement of prior permission under Section 5 of the Act and Rule 7 of the Rules. The order dated 19/03/2015 allowing the transfer was quashed and set aside. (Paras 1-10)
B) Education Law - Locus Standi - Employee's Right to Challenge Transfer - The court held that the petitioner, as an employee of the school, had sufficient interest to challenge the transfer as it directly affected her service conditions and the school's functioning. The transfer without prior permission was held to be invalid. (Paras 4-8)
Issue of Consideration
Whether the transfer of a school from one location to another without prior permission of the State Government under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is valid.
Final Decision
The writ petition is allowed. The order dated 19/03/2015 passed by respondent No.1 allowing the transfer of the school from Baijipura to Wadgaon-Kolhati is quashed and set aside. The civil application is disposed of accordingly.
Law Points
- Transfer of school requires prior permission from State Government under Section 5 of MEPS Act
- 1977 and Rule 7 of MEPS Rules
- 1981
- Transfer without approval is void ab initio
- Employee has locus standi to challenge illegal transfer affecting service conditions
Case Details
2019 LawText (BOM) (12) 11
Writ Petition No. 5706 of 2016 with Civil Application No. 11106 of 2016
Prasanna B. Varale, Avinash G. Gharote
Mr. S.R. Barlinge for petitioner, Mr. S.P. Sonpawale for respondents 1 to 3, Mr. S.M. Gunjal h/f Mr. Dilip Patil-Bankar for respondent 4, Mr. A.N. Nagargoje for respondent 5, Mr. V.J. Dhage for applicants in C.A. No. 11106/2016
Smt. Sunita Laxmanrao Fuke
The State of Maharashtra through its Secretary, School Education Department, Mantralaya, Mumbai; The Director of Education (Primary), Maharashtra State, Pune; The Deputy Director of Education, Aurangabad Division, Aurangabad; The Education Officer (Primary), Zilla Parishad, Aurangabad; Dnyanganga Shikshan Sanstha, Aurangabad through its President
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Nature of Litigation
Writ petition challenging the transfer of a school from one location to another and the suspension of the petitioner.
Remedy Sought
Quashing of order dated 19/03/2015 allowing transfer of school and order dated 19/02/2016 placing petitioner under suspension.
Filing Reason
The petitioner, a headmistress, alleged that the transfer of the school was illegal as it was made without prior permission of the State Government under the MEPS Act and Rules.
Issues
Whether the transfer of the school from Baijipura to Wadgaon-Kolhati without prior permission of the State Government under Section 5 of the MEPS Act, 1977 and Rule 7 of the MEPS Rules, 1981 is valid.
Whether the petitioner has locus standi to challenge the transfer of the school.
Submissions/Arguments
Petitioner argued that the transfer was illegal as it was made without prior permission of the State Government as required under Section 5 of the MEPS Act and Rule 7 of the MEPS Rules.
Respondents contended that the transfer was approved by the State Government and was in the interest of the school.
Ratio Decidendi
The transfer of a school from one location to another without prior permission of the State Government under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is illegal and void ab initio. An employee of the school has locus standi to challenge such transfer as it affects their service conditions.
Judgment Excerpts
The present petition was heard alongwith other connected petitions, however, for the sake of convenience, we are deciding each petition separately, though the facts and documents are common.
By the present writ petition, the following two basic reliefs have been claimed by the petitioner: (a) quashing and setting aside the order dated 19/03/2015, passed by respondent No.1 allowing the transfer of the school... (b) quashing and setting aside the order dated 19/02/2016 passed by respondent No.5/trust, whereby the petitioner was placed under suspension.
Procedural History
The petitioner filed Writ Petition No. 5706 of 2016 challenging the transfer order dated 19/03/2015 and suspension order dated 19/02/2016. The court heard the petition along with connected petitions. The petitioner's counsel restricted the challenge to the transfer of the school only. The court reserved judgment on 10/10/2019 and pronounced on 19/12/2019.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 7
