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Rule 41 (5) of Maharashtra Employees of Private Schools Conditions of Service) Regulation Act, 1977 would not apply to the transfer of a non-teaching staff: Bombay High Court

Rule 41 (5) would not apply to the transfer from a junior college to secondary school though run by the same Management in case of non-teaching staff. Such an observation was made by the Hon’ble Bombay High Court before Hon’ble Justice R.D. DHANUKA & Hon’ble Justice ABHAY AHUJA in the matter of Rahul Prakash Nilgar vs State of Maharashtra & ors [WRIT PETITION NO.2547 OF 2021] on 29.11.2021

The facts of the case were that the petitioner was transferred from the unaided post of Lab Attendant in junior college to aided post in secondary school on the post of Lab Attendant run by the same Management. Such transfer was denied by the Education Officer on the ground that there is no provision under the provisions of the Maharashtra Employees of Private Schools Conditions of Service) Rules, 1981 ‘the MEPS Rules’) for such transfer. 

The Hon’ble High Court observed that “A perusal of Rule 41 5) clearly indicates that where a Management runs a secondary school and a junior college of education, teachers in a junior college of education cannot be transferred to a secondary school against their will and subject to various conditions. In our view, Rule 41 5) would not apply to the transfer from a junior college to secondary school though run by the same Management in case of a non-teaching staff

Additionally, the Hon’ble High Court held that the impugned order is in violation of Rule 41 1) and Rule 41 2) of the MEPS Rules and deserves to be quashed and set aside and observed that “On a conjoint reading of Rule 41 1) with Section 2 24), i.e., the definition of ‘school’, transfer of non-teaching staff from the unaided post in junior college to aided post in a higher secondary school run by the same Management is thus permissible, subject to the conditions prescribed under Rule 41 1) and Rule 41 2) of the MEPS Rules. It is not the case of the Education Officer in the impugned order that the other conditions prescribed under Rule 41 91) are not complied with by the Management

Finally, the Hon’ble High Court allowed the instant writ petition with a direction to the Education Officer d to grant approval to the said transfer within a period of four weeks.

Click Here To Read The Judgment.

Judgment Reviewed by: Rohan Kumar Thakur

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