The Bombay High Court dismissed the writ petition filed by Bhaurao Shankar Potalkar seeking transfer from a partially aided post to a fully aided post in a private school. The court ruled that an employee in a private school governed by the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 (Act of 1977) and Rules of 1981 has no statutory right to claim such a transfer.

1. Petitioner's Claims and Relief Sought:

   • The petitioner sought a mandamus to direct the respondent management to transfer him to a fully aided post based on his qualifications, experience, and seniority.

2. Background of Appointment:

   • Petitioner was appointed on an unaided post in 2013 and his position was later partially aided. He requested transfer to a fully aided post in 2023, which the management proposed to fill through direct recruitment​.

3. Arguments by Petitioner's Counsel:

   • The counsel argued that the petitioner was eligible for transfer under Rule 41 of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981. The management's decision to recruit directly instead of transferring the petitioner was challenged as a violation of these rules​.

4. Respondents' Arguments:

   • The Assistant Government Pleader countered that the petitioner had no statutory right to demand transfer and hence, a writ of mandamus was not applicable in this scenario​.

5. Court’s Observations:

   • The Court observed that while Rule 41 and 41A of the Rules of 1981 regulate transfers, they do not confer a statutory right for an employee to claim transfer.
   • The Court highlighted the management's prerogative in filling vacancies through direct recruitment, promotion, or transfer, provided the statutory rules are followed​.

6. Conclusion and Dismissal:

   • The Court concluded that no cause of action arose as no statutory provision was violated. The petition was deemed premature as no right to claim transfer had been established​.

Acts and Sections Discussed:

1. Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 (Act of 1977):
   • Section 5: Discusses the appointment procedure and filling of vacancies.
2. Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981:
   • Rule 41 & 41A: Elaborates on the conditions and procedures for transferring an employee within the same management.

Ratio Decidendi:

The Court ruled that while the statutory framework provides for transfer as an option, it does not create an enforceable right for an employee to demand transfer. The management retains discretion to fill vacancies as deemed appropriate, provided the statutory procedures are observed.

Subjects:

Education Law, Public Service Jurisprudence.

Transfer, Private School Management, Statutory Rights, Mandamus, Employment Law.