Case Note & Summary
The petitioner, Sakharam Shankarrao Kaldate, was employed as a teacher in the MCVC Course at Deshbhakta Baburao Patil Vidyalaya and Kanishta Mahavidyalaya, LoniGawali, run by Shri Shivaji Shikshan Sanstha. His appointment was approved by the Deputy Director of MCVC. On 01/04/2002, the Education Officer (Secondary), Buldhana, granted approval to his transfer from the MCVC Course to the Secondary School within the same institution. However, on 05/06/2004, the same Education Officer passed an order cancelling that approval, citing two grounds: first, that the transfer from MCVC Course to a conventional school was impermissible, and second, that the transfer was from unaided employment to aided employment. The petitioner challenged this cancellation order by filing a writ petition before the Bombay High Court, Nagpur Bench. The petitioner argued that under Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981, the management has the power to order such transfers, and the Education Officer cannot object. The respondent State, through the Assistant Government Pleader, supported the impugned order, contending that the school to which the petitioner was transferred was under the supervision of the Deputy Director of Education, who has no say in MCVC Course institutes, and that the transfer from unaided to aided employment was impermissible. The court, after hearing both sides, found that the impugned order was based on two grounds: transfer from MCVC to conventional school and from unaided to aided employment. The court held that the management is empowered under Rule 41 to order such transfers, and the Education Officer cannot object. The court also noted that the earlier approval granted on 01/04/2002 was by the same authority, and the cancellation was without valid justification. Consequently, the court allowed the writ petition, quashed the impugned order dated 05/06/2004, and directed the respondents to continue the approval of the petitioner's transfer as per the earlier order dated 01/04/2002.
Headnote
A) Service Law - Transfer - Rule 41 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 - Management's Power - The management is empowered under Rule 41 to order transfer of an employee from MCVC Course to Secondary School. The Education Officer cannot object to such transfer. The impugned order cancelling approval on the ground of transfer from MCVC to conventional school is unsustainable. (Paras 1-5) B) Service Law - Transfer - Unaided to Aided Employment - Permissibility - Transfer from unaided employment to aided employment is not a valid ground for cancellation of approval. The Education Officer's order on this ground is set aside. (Paras 4-5)
Issue of Consideration
Whether the Education Officer can cancel approval of transfer of a teacher from MCVC Course to Secondary School on grounds of impermissible transfer from MCVC to conventional school and from unaided to aided employment.
Final Decision
The writ petition is allowed. The impugned order dated 05/06/2004 passed by respondent No.3 is quashed and set aside. The respondents are directed to continue the approval of the petitioner's transfer as per the earlier order dated 01/04/2002.
Law Points
- Transfer from MCVC course to conventional school is permissible under Rule 41 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules
- 1981
- Education Officer cannot object to such transfer
- Transfer from unaided to aided employment is not a valid ground for cancellation of approval
