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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Syeda Shahana Firdaus – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
S.G.CHAPALGAONKAR, J. - Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.
2. The petitioners have approached this Court under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus against respondent nos.3 and 4 to transfer the petitioners from unaided wing to aided wing of respondent no.4-College and award consequential benefits from the date of their respective appointments.
3. The petitioners contend that they have been appointed as Lecturers in Pharmacy at Kamla Nehru Polytechnic (Pharmacy), Aurangabad in the year 2004-2005. Their appointments have been approved by the Director of Technical Education, Maharashtra State. They are serving in the unaided wing of respondent no.4, since last decade and assumed the status of confirmed employees. The respondent no.3 is recognized as minority institution. It is registered under the Bombay Public Trust Act.
4. The petitioners further contend that their services are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and Rules of 1981, framed thereunder. The Rules provid
The main legal point established in the judgment is that the transfer of teachers from unaided to aided posts is permissible and does not require fresh appointments, as per Rule 41 and the Government....
Employment and Service matter - Transfer of Employees - Rule 41 of the MEPS Rules applies to all employees, both teaching and non-teaching of a recognised school and that it permits transfer of teach....
The court emphasized that unless a statute or rule is specifically made retrospectively applicable, it should be applied prospectively from the date of its introduction.
Education department - Transfer of Teacher from aided post to unaided post is permissible in law.
The court clarified the jurisdictional issue and upheld the application of the transfer rules under the 2008 Act for teachers appointed prior to the introduction of the Act, emphasizing the loss of c....
The requirement of the subject should have precedence in transferring teachers from unaided to aided school. Seniority should only be considered when there are multiple teachers in the subject in whi....
The transfer from unaided post to an aided post is not a fresh appointment, and the Sub-Clause 5 (B) of Clause 3 of the Government Circular applies only when new posts on aided basis are sanctioned b....
The classification of government and non-government employees regarding transfer policies is valid, and the court cannot interfere in executive decisions unless statutory violations occur.
Point of law: An order of transfer of an employee is a part of the service conditions and such order of transfer is not required to be interfered with lightly by a court of law in exercise of its dis....
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