Case Note & Summary
The petitioners, assistant primary teachers of Zilla Parishad, Ahmednagar, suffering from Cervical Spondylosis (Mankyacha Ajar), filed writ petitions challenging the corrigendum dated 17.05.2017 issued by the State of Maharashtra. By this corrigendum, the State deleted/withdrew the disease Cervical Spondylosis from Sr. No. 8 of the Government Resolution dated 27.02.2017, which had previously included it in the list of diseases qualifying teachers as special class for transfer purposes. The deletion resulted in these teachers being treated equally with other teachers for transfer. The Court noted that it had earlier dealt with the transfer policy in Maharashtra Rajya Shikshak Sena v. State of Maharashtra (Writ Petition No. 6640 of 2017) and permitted the respondents to proceed with the policy. The Court held that the State policy is always within the domain of the State Government, and the withdrawal of the disease from the special class list cannot be tested on the ground that it is unreasonable, arbitrary, or without reasons. The Government had taken the initial decision based on material collected, and the subsequent amendment, even if made, cannot be said to be arbitrary, discriminatory, or unreasonable. Accordingly, the petitions were dismissed.
Headnote
A) Service Law - Transfer Policy - Special Class Teachers - Deletion of Disease - State Government's decision to delete Cervical Spondylosis from the list of diseases in Government Resolution dated 27.02.2017 by corrigendum dated 17.05.2017 - Petitioners, assistant primary teachers suffering from Cervical Spondylosis, challenged the deletion - Court held that the State policy is within the domain of the State Government and the withdrawal of the disease from the special class list cannot be tested as unreasonable, arbitrary, or without reasons - The Government had taken the decision based on material collected, and subsequent amendment cannot be said to be arbitrary or discriminatory (Paras 2-4).
Issue of Consideration
Whether the deletion of Cervical Spondylosis from the list of diseases qualifying teachers as special class for transfer purposes is arbitrary, unreasonable, and discriminatory.
Final Decision
The writ petitions are dismissed. Rule discharged. No order as to costs.
Law Points
- State policy domain
- non-arbitrariness of policy amendment
- no vested right in inclusion of disease in special class list
- judicial restraint in policy matters
Case Details
2017 LawText (BOM) (06) 62
Writ Petition No. 6791 of 2017 with Writ Petition No. 8261 of 2017
Anoop V. Mohta, Sunil K. Kotwal
Rahul R. Karpe, Sandip R. Andhale, A. V. Deshmukh, S. T. Shelke
Sanjay Appasaheb Dhamane and others; Devendra S/o Gopalrao Ambetkar
The State of Maharashtra and others
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Nature of Litigation
Writ petitions challenging the deletion of a disease from the list of special class teachers for transfer purposes.
Remedy Sought
Petitioners sought to quash the corrigendum dated 17.05.2017 deleting Cervical Spondylosis from the special class list.
Filing Reason
Petitioners, assistant primary teachers suffering from Cervical Spondylosis, were aggrieved by the State's decision to delete the disease from the special class list, which affected their transfer benefits.
Previous Decisions
The Court had earlier dealt with the transfer policy in Maharashtra Rajya Shikshak Sena v. State of Maharashtra (Writ Petition No. 6640 of 2017) and permitted the respondents to proceed with the policy.
Issues
Whether the deletion of Cervical Spondylosis from the special class list is arbitrary and unreasonable.
Whether the State's policy decision is subject to judicial review on grounds of discrimination.
Submissions/Arguments
Petitioners argued that the deletion of the disease from the special class list is unreasonable, arbitrary, and without assigning any reasons.
Respondents submitted that the State policy is within the domain of the State Government and the withdrawal was based on material collected.
Ratio Decidendi
The State policy is within the domain of the State Government. The withdrawal of a disease from the special class list cannot be tested as unreasonable, arbitrary, or without reasons, as the Government had taken the decision based on material collected. Subsequent amendment cannot be said to be arbitrary, discriminatory, or unreasonable.
Judgment Excerpts
The State policy is always a domain of State Government, for various reasons.
The withdrawal of unreasoned decision of this disease from the special class teacher list, just cannot be tested on a foundation that such withdrawal is unreasonable, arbitrary and/or without assigning any reasons.
Procedural History
The petitioners filed writ petitions challenging the corrigendum dated 17.05.2017. The Court had earlier dealt with the transfer policy in Maharashtra Rajya Shikshak Sena v. State of Maharashtra (Writ Petition No. 6640 of 2017) and permitted the respondents to proceed with the policy. The present petitions were heard and finally disposed of on 28.06.2017.
