MASTAN NABISHA MURSHAD Vs. EDUCATION OFFICER (SECONDARY)

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

(2.) The petitioner challenges transfer order dtd. 31/5/2021, by which the respondent-management has transferred him from Swatantryaveer Savarkar Secondary School, Pimpla (Dhaiguda), Tq. Ambajogai, Dist. Beed to Shri Yogeshwaridevi Secondary School, Devani, Tq. Devani, Dist. Latur. The transfer is assailed on the ground that it violates the provisions of Rule 41 of the Maharashtra Employees of Private Schools (Regulation of Service Condition) Rules, 1981 (for short "Rules of 1981 ").

(3.) Appearing for the petitioner Mr. Deshmukh, learned counsel would submit that under Rule 41 of the Rules of 1981, the transfer can only be on administrative grounds, promotion or at the request of the employee concern. He submits that except these three eventualities, transfer of an employee is impermissible. He would further submit that the petitioner has neither been promoted, nor had he requested for transfer. This leaves only the ground of administrative exigency. Inviting our attention to the impugned transfer order dtd. 31/5/2021, he would contend that the order does not state that the transfer has been effected on administrative grounds. Relying on the judgment of the Constitution Bench of the Apex Court in the case of Mohinder Singh Gill and another Vs. Chief Election Commissioner reported in AIR 1978 SC 851, he would submit that the validity of the transfer order is required to be adjudged only by the reasons stated in the transfer order and the reasons supplemented in the form of affidavit in reply are required to be ignored. Inviting our attention to Petitioner 's representation dtd. 12/9/2022, Mr. Deshmukh would, lastly, submit that the Petitioner has not been permitted to join the transferred school.