Case Note & Summary
The petitioners, Prerna Shikshan Mandal and the Head Master of Samrat Ashok Vocational Junior College, filed a writ petition against the State of Maharashtra and education authorities. The management runs four schools in Chandrapur district, all recognized, with only Samrat Ashok High School at Chinchpalli receiving grant-in-aid. One Shri Siddhartha Raut was working as Headmaster in the unaided Samrat Ashok High School at Lohara. When the Headmaster of the aided school, Shri N.U. Ramteke, superannuated on 31/10/2012, the petitioners transferred Shri Raut to the aided school and sought approval. The education authorities refused approval on the ground that one Shri Meshram, a surplus teacher from an aided school who had been absorbed in a school of another management, needed to be brought back to the petitioners' aided school. The petitioners argued that the vacancy was in the cadre of Headmaster and was being filled by horizontal transfer, so there was no vacancy of Assistant Teacher to absorb the surplus teacher. They contended that Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 does not bar such transfer, and relied on a Division Bench judgment of the Bombay High Court in Vidya Vikas Khandekar v. Balmandir Sanstha, 1993 (2) Mh.L.J. 1467. The respondents argued based on the reply affidavit that the surplus teacher should be absorbed. The court, after hearing both sides, held that the transfer of the Headmaster was permissible and not barred by Rule 41. The court allowed the petition, directing the respondents to grant approval to the transfer of Shri Siddhartha Raut as Headmaster in the aided school.
Headnote
A) Education Law - Transfer of Headmaster - Rule 41 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The court considered whether the transfer of a Headmaster from an unaided school to an aided school can be refused because a surplus teacher from another management is to be absorbed. The court held that the vacancy in the cadre of Headmaster is being filled horizontally by transfer, and there is no vacancy of Assistant Teacher in the aided school to absorb the surplus teacher. The proceedings under Rule 41 do not bar such transfer. (Paras 1-5)
Issue of Consideration
Whether the transfer of a Headmaster from an unaided school to an aided school can be denied on the ground that a surplus teacher from another management needs to be absorbed in the aided school.
Final Decision
Petition allowed. Respondents directed to grant approval to the transfer of Shri Siddhartha Raut as Headmaster in the aided school.
Law Points
- Transfer of Headmaster from unaided to aided school is permissible
- Rule 41 of MEPS Rules does not bar such transfer
- surplus teacher absorption does not take precedence over filling vacancy by transfer
