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1992 Supreme(Kar) 68
Karnataka High Court
BAPUJI EDUCATION SOCIETY - Appellant
Versus
EDUCATIONAL APPELLATE TRIBUNAL - Respondent
Decided On : 02-14-92
C.R.P. : 331 of 1989
B.VEERABHADRAPPA, C.M.Desai, S.VASANTH KUMAR
The main legal point established in the judgment is that private educational institutions must adhere to the principles of natural justice, obtain the consent of their employees, and provide an opportunity for a hearing before effecting transfers to other institutions under different managements.
Headnote:
TRANSFER - PRIVATE EDUCATIONAL INSTITUTIONS - Rule 59 of the grant-in-aid code - The court held that the orders of transfer affected the conditions of service of the employees and were not supported by administrative exigencies. The management must adhere to the principles of natural justice, obtaining the consent of their employees and providing an opportunity for a hearing before their transfers to other institutions under different managements. The approval and accord as contemplated in Rule 59 of the grant-in-aid code do not exonerate the managements from observing the principles of natural justice and providing an opportunity to the transferred employees and obtaining their consent.
Fact of the Case:
The case involved a dispute over the legality and correctness of the order of transfer of employees of private educational institutions. The employees challenged the transfer, alleging that it affected their conditions of service and was motivated by extraneous considerations. The managements justified the transfers as being in accordance with Rule 59 of the grant-in-aid code and in the public interest.
Finding of the Court:
The court found that the orders of transfer were not in accordance with the law and affected the conditions of service of the employees. It held that the managements must adhere to the principles of natural justice, obtain the consent of their employees, and provide an opportunity for a hearing before effecting transfers to other institutions under different managements. The court directed the managements to take back the transferred employees and settle their benefits.
Issues: The main issue was the legality and correctness of the orders of transfer affecting the conditions of service of the employees of private educational institutions. The court also considered the scope and extent of judicial review and the court's power to interfere in administrative orders affecting the conditions of service of employees.
Ratio Decidendi: The court held that the managements must adhere to the principles of natural justice, obtain the consent of their employees, and provide an opportunity for a hearing before effecting transfers to other institutions under different managements. The approval and accord as contemplated in Rule 59 of the grant-in-aid code do not exonerate the managements from observing the principles of natural justice and providing an opportunity to the transferred employees and obtaining their consent.
Final Decision: The court directed the managements to take back the transferred employees and settle their benefits, emphasizing that any benefits accrued to the employees during the pendency of the case should enure to their benefits and be considered by the managements.
( 1 ) THESE two civij revision petitions arise out of an Order, dated 18-11-1988 passed by the court of the district judge and educational appellate tribunal, tumkur (hereinafter called as the 'tribunal') wherein the management of a private educational institution styled as bapuji education society and an employee by name narasimha murthy, who was an assistant master in the employment of sumathi jain school run under different management have challenged the legality and correctness of the order passed by the tribunal.
( 2 ) FEW facts are necessary for proper appreciation of contentions advanced, briefly to state are as follows: bapuji education society registered under the societies Registration Act is running a school by name bapuji high school at tumkur district. One rajanna was serving as assistantmaster in the aforesaid bapuji high school. The subject-matter of controversy relates to mutual transfer of the employees. It is seen from the records that on 17-8-1986, the management of bapuji high school has passed a resolution. The relevant portion of the extract is to the following effect: similarly, on 8-8-1986, the managing committee of sumati jain high school where another assistant master by name b. r. narasimha murthy was employed and which is run under the management of another private educational institution styled as "sri swethamber sthanakavasi education society, robertsonpet, k. g. f. , kolar district has passed a resolution to the following effect: "ordinary meeting of the managing committee of sumathi jain high school met on 8-8-1986 at the school office. Agenda to consider the transfer of service of Sri B. R. Narasimha murthy, assistant master of this school in Sri Bapuji High school, Tumkur, in place of Sri S. Rajanna, B. sc. , B. ed. Members present 1. Sri K. Kanyalalji; 2. Sri C. S. Pannalalji; 3. Sri M. Bhavaralalji; 4. Sri Kisturchandji; 5. Sri Madanlalji; 6. Sri R. Javanthraji. Resolution it is resolved to transfer the services of Sri B. R. Narasimha Murthy, assistant master to Sri Bapuji high school, tumkur as per the provision created in Rule No. 59 of the grant-in-aid code, by posting Sri S. Rajanna, in the place of Sri B. R. Narasimhamurthy. Members signature 1. Sd/-; 2. Sd/-; 3. Sd/-; 4. Sd/-; 5. Sd/-; 6. Sd/ -. Sd/- "copy" head master sumathi high school, robertsonpet, k. g. f. " subsequently, a letter dated 12-9-1986 has been addressed to the commissioner for public instructions, Karnataka by one Sri C. S. Pannalal on behalf of sumathi jain high school. The contents of which are excerpted below: "to the commissioner for public instructions, in karnataka, Bangalore. Through the deputy director of public instruction, kolar district, kolar. Sub: permission for pre-facto transfer of assistant master of aided high schools. Ref: grant-in-aid code No. 59, of secondary schools, in karnataka. The management of Sri Swethambar Sthanakvasi Education Society, Robertsonpet, K. G. F. , Kolar District, and Bapuji Education Society, Tumkur, have resolved to transfer the following assistant masters under grant-in-aid cede No. 59 on the basis of pre-facto transfer orders to be issued by the commissioner for public instructions, karnataka. Sri B. R. Narasimha Murthy, B. sc. , (CBZ), B. ed. , teaching biology and chemistry working as assistant master, sumathi jain high school, robertsonpet, k. g. f. , in place of Sri S. Rajanna, B. sc. , (CBZ), B. ed. , working as assistant master, bapuji high school, tumkur teaching biology and chemistry to be transferred along with his services to sumathi jain high school, k. g. f. it is further stated that the two assistant masters are working in their institutions of permanent basis and both the high schools are aided. Both the teachers are teaching the same subjects in their schools. Hence there is no financial burden to the government of Karnataka by according permission for pre-facto transfer. In the above circumstances, I request you kindly to accord permi
