Transfer of professors within branches of same institutions should be of equivalent posts : Bombay HC on the transfer of Assistant professors to schools.
TITLE : Dhananjay Bhagwandas Devi V State of Maharashtra
CORAM : Hon’ble Justice A.S Chandurkar and Justice Firdosh P. Pooniwala
DATE : 22nd December, 2023
CITATION : WP No. 4920 of 2023
FACTS
The petitioners were appointed as Associate professors at the college of engineering and polytechnic in a society. The petitioners were transferred from Karnaveer Bhaurao Patil college of engineering to Karmaveer Bhaurao Patil Polythenic varye. The petitioners are aggrieved on the said transfer as they were assistant professors in the first institution which was affiliated to All India Council of Technical Education whereas the second institution is recognized as a school under Section 2(24) of the Maharashtra Employees of Private School Regulation Act,1977. During the pendency of the trial, both the petitioners were suspended and the same is being challenged along with the deduction of post. It was argued by the petitioners that there was no alternative remedy to file for grievances and no grievance committee was constituted as required by section 86 of the Dr, Babasahed Ambedkar Technological University Act, 2014 as the engineering college is affiliated with the same institute.
LAWS INVOLVED
Section 86 of the the Dr, Babasahed Ambedkar Technological University Act, 2014
- Other committees.– Every authority of the University shall have the power to appoint committees including grievance committee for dealing with any matter within its purview, and such committees may include person, other than members of the authority itself, not connected with the University :
Provided that, the Board of Studies and other authorities shall not appoint persons to such committees who are not members of the authority appointing the committee, except with the previous approval of the Vice- Chancellor.
ISSUES
- Whether the petitioners had alternative remedy?
- Whether the transfer of posts valid?
- Whether the suspension order in accordance with law?
JUDGEMENT
The court observed that a grievance cell was constituted under a notification passed. The court further observed that a grievance cell is not equivalent to grievance committee under Section 86 of the Act of 2014. The court found sufficient reason to believe that the petitioners have no other alternate remedy available.
The polytechnic college is not affiliated with the act of 2014 but instead the Act of 1977 under the category of school, whereas on the other hand the engineering college is affiliated with the 2014 Act and is a recognized university. The court observed that the polytechnic college did not have the post of assistant professor since it is still technically a school. Therefore the court held that the transfer was not in accordance with law as there was no equivalent transfer of posts.
On the issue of the suspension order, the court held that a suspension on the basis of disciplinary grounds should not be more than 3 months. The suspension was done on May 2023. Since more than 5 months have passed out, the court held that the suspension on the ground for enquiry basis was right but the mere fact of holding suspension for an indefinite period is unwarranted.
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Written by- Sanjana Ravichandran