: 1 : wp-1667-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1667 OF 2011 Sunil Shashimohan Khot ... Petitioner V/s. Kalika Prasadik Shikshan Prasarak Mandal & Ors. ... Respondents Mr. N.V.Bandiwadekar i/b Mr. Sagar Mane for the Petitioner Mr. Abhijit Adgule for Respondent No.1 Mr. S.N.Bhosle AGP for Respondent Nos.2 & 3 Mr. A.S.Khandeparker with Mr. Amogh Karandikar for Intervener CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 10, 2011. P.C.: 1 The Petitioner is aggrieved by the order passed by the Education officer on 10-1-2011, holding that a teacher who is working in an unaided secondary school cannot be transferred as a head to aided school or otherwise a teacher working in a college of education which is sanctioned on a permanent no grant basis cannot be transferred to a secondary school. 2 Mr. Bandiwadekar appearing on behalf of the Petitioners invited my attention to a communication at page 123 of petition paper book from the Education Officer (Secondary) Zilla Parishad, Sindhudurg, addressed to Deputy Director of Education Kolhapur stating therein that as far as the Petitioner is concerned, the Petitioner management wants him to be : 2 : wp-1667-11.sxw transferred to the post as head of secondary school. There is another teacher Mr. Whetore who is working in the secondary school under the same management. The issue regarding their inter se seniority has been resolved and he sought guidance from the Deputy Director whether the management proposal can be accepted under the existing law and rules as well as guide lines. 3 The grievance of the Petitioner is that without waiting for the communication from the Deputy Director the Education Officer has passed the impugned order. My attention is invited to the letter dated 27-2-2007 wherein the Deputy Director had advised the said authority as to how a teacher working in an unaided D.Ed. College can be transferred to secondary school, which is also an unaided school. 4 On the other hand, the intervener teacher represented by Mr. Khandeparkar submits that the Petitioner is working as a teacher in a college of education. That is a distinct institution than a secondary school. The Petitioner is covered by distinct rules and regulations. The management, could not have recommended him for appointment as a head of secondary school. The petitioner has not served any secondary school. In these circumstances, his appointment cannot be approved. 5 After hearing both sides and perusing with their assistance the Petition and the Affidavit in reply, I am of the opinion that the Education officer (secondary) Zilla Parishad, Sindhudurg, has not considered any of : 3 : wp-1667-11.sxw these aspects while rendering the impugned decision. In most such cases, I am of the view, that the Education Officer passes a mechanical order. If he has to decide the management’s application seeking sanction and permission to appoint a particular teacher as a head of secondary school, then, the Education officer is expected to go into the matter by hearing all concerned. He must not decide matters without assigning reasons and hearing parties. Further, if he seeks guidance of a higher officer, he should wait till the same is made available to him. In the instant case, the Education Officer seeks guidance by his letter dated 7-10-2010 and 31-10-2010 from the Deputy Director of Education. However, without waiting for the Deputy Director to communicate his views, the impugned order has been passed turning down the management’s request. 6 In these circumstances, instead of this going into rival contentions and deciding the factual matters, interest of justice would be served if the impugned order is set aside and the management’s proposal dated 2-8-2010 is considered afresh by the Education officer (secondary) Zilla Parishad Sindhudurg. He shall decide this matter as expeditiously as possible and within a period of 8 weeks from today. He shall give opportunity to the representatives of the management, the Petitioner Teacher and the affected teachers including Mr. Whetore. However, since the said Mr. Whetore had filed a Civil Suit and that is pending, it will not be necessary for the Education Officer to render any final decision in so far as : 4 : wp-1667-11.sxw issues involved in the suit, are concerned. He must consider the management‘s proposal in accordance with applicable rules and pass a fresh order without being influenced by any of the observations made earlier. 7 The petition is disposed of in these terms. The rival contentions are kept open for being raised before the Education officer. (S.C.DHARMADHIKARI, J.)