AI Structured Summary
Not yet generated for this judgment
Judgment
We have heard learned counsels for respective parties at length.
The petitioner herein an education society aggrieved by rejection of its proposal for transfer of Modern Urdu Primary School, Darwha Naka, Karanja Lad, District Washim, from respondent No. 5 National Womens Welfare Society, Darwha, District Yavatmal. Such proposal was rejected vide Government Resolution dated 13.6.2023. The reason for rejection of such proposal is the complaints of the teachers working in said Modern Urdu Primary School, Darwha.
No other ground mentioned in the impugned Government Resolution than the ground that there were complaints by the teachers for such transfer.
Thus, it can be said that as far as other per-requisites of the criteria required to be fulfilled for such transfer of management, are fulfilled by the petitioner. The controversy is said to be narrowed down to a question whether while deciding the proposal for transfer of management of school, consent of the teachers is required?
To answer this question, under Section 8 of the Maharashtra Educational Institutions (Transfer of Management)Act, 1971 (for short, “Act of 1971”) is of great assistance. Therefore, it is beneficial and appropriate to refer Section 8 of the Act of 1971, which reads thus:
“8. Provisions respecting employees of said Institution.—
Every employee (including the member of the teaching staff) in the employment of the said Institution immediately before the appointed date shall, in so far as such employee is employed in connection with the affairs of the said Institution, become as from such date, the employee of the Society, and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, provident fund, gratuity, if any, and other matters as he would have held under the said Institution if this Act had not been passed, and shall continue to do so, unless and until his employment under the Society is terminated (and the Society is hereby with the approval of the State Government empowered to terminate such employment), or until his remuneration, terms and conditions are duly altered by the Society:
Provided that, if the alteration so made is not acceptable to any such employee, his employment may be terminated by the Society on payment to him by the Society of compensation equivalent to three months’ remuneration, in the case of a permanent employee, and one month’s remuneration in the case of other employee:
Provided further that, nothing contained in this section shall apply to any such employee who has, by notice in writing given to the Society within thirty days next following the appointed date, or such further period as the Society may specify in this behalf, intimated his intention of not becoming the employee of the Society.
It is evident from the language of Section 8 that while permitting transfer of management, a protection has been granted to the employees of such school and thereby it is mandated that such employees shall hold their office at the same tenure, same remuneration, same terms and conditions with the same rights and privileges as to pension, provident fund, gratuity, if any, and other matters as would have held under the earlier management. The language of Section 8 of the Act of 1971 does not suggest or mandate asking for consent of the employees before transfer of such management. The reason is so obvious that in any such eventuality of transfer of management, any of transfer of management, any employee in the employment of the institution immediately before such transfer would be concern about protection of his/her rights which were created in his/her favour on his appointment. Since the complete protection as regards the service condition and all benefits including salary, provident fund, pension, gratuity etc. are protected by the legislature by enacting Section 8, no provision for obtaining consent of the teachers is provided.
Learned counsel for teachers, who raised objection for such transfer have placed much reliance upon Government Resolution dated 17.2.2012 to say that without granting an opportunity of hearing to the teachers, such proposal for transfer of management cannot be considered.
However, after going through said Government Resolution, no doubt, it provides calling of objections from the stakeholders, however, it does not suggest grant of hearing.
It can be said that any objections, out of same apprehension in the mind as regard non protection of rights under the service, on transfer of management can be said to be relevant and may considered.
However, while rejecting the proposal for transfer of management, in the impugned Government Resolution, there is no mention of any such apprehension expressed by any of the teachers in his/ her objection.
In the circumstances, we have no hesitation to hold that rejection of proposal of transfer of management vide Government Resolution dated 13.6.2023 is bad in law and is liable to be quashed and set aside. Accordingly, the petition is allowed, in the following terms:
The Government Resolution dated13.6.2023, issued by respondent No. 1 rejecting the proposal of petitioner for transfer of management of Modern Urdu Primary School, Darwha Naka, Karanja Lad, District Washim is hereby quashed and set aside.
ii) Respondent No.1 – State Government is directed to grant approval to the proposal for transfer of the Modern Urdu Primary School, Darwha Naka, Karanja Lad, District Washim to petitioner (Shan Bahuuddeshiya Shikshan Prasarak Va Krida Sanstha, Dahihanda, Tah. and Dist. Akola) from respondent No. 5 National Womens Welfare Society, Darwha, District Yavatmal