MANDA UDEBHANJI CHOUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of the learned Counsel for the parties.

(2.) The challenge raised in the present Writ Petition is to the order dtd. 28/9/2022 passed by the Deputy Director of Education, Nagpur Division, Nagpur refusing to approve the transfer of the petitioner from Secondary School to Higher Secondary School vide order of transfer dtd. 28/7/2022. In the impugned communication, reference has been made to the Ordinance dtd. 8/6/2020 as well as the Government decision dtd. 1/4/2021 and it has been stated that a transfer from Secondary to Higher Secondary School or vice versa is not permissible.

(3.) The learned Counsel for the petitioner submits that while passing the impugned order, the Deputy Director has relied upon Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (the Rules of 1981) to hold that such transfer is not permissible. Inviting attention to the pursis filed by the petitioner it is submitted that the Secondary School where the petitioner was serving as well as the Junior College where the petitioner has been transferred are both receiving 100% grants. Hence, the provisions of Rule 41(5) of the Rules of 1981 would be applicable. The proposal ought to have been examined in that backdrop.