High Court Dismisses Writ Petition by Assistant Teacher Challenging Reversion Order Due to Alternative Remedy Under MEPS Act. Petitioner Failed to Avail Statutory Appeal Against Reduction in Rank

Nature of Litigation: Writ petition under Article 226 of the Constitution of India challenging a reversion order issued by the management

Remedy Sought

The petitioner sought to set aside the reversion order dated 15.11.2025, declare her entitlement to work as Assistant Head, and direct the school to forward a proposal for approval of her promotion

Filing Reason

The petitioner was reverted from Assistant Head to Assistant Teacher while on medical leave, and she contended the order was vague and unsustainable

Previous Decisions

The petitioner was appointed as Assistant Teacher in 1992, approved in 1994, promoted to Supervisor in 2024, and to Assistant Head in 2024, with the reversion order issued in 2025

Issues

Whether the writ petition under Article 226 of the Constitution of India is maintainable when an alternative statutory remedy under Section 9(1)(a) of the MEPS Act is available

Submissions/Arguments

The respondents argued that the reversion order constitutes a 'reduction in rank' under Section 9(1)(a) of the MEPS Act, providing an efficacious appeal remedy, thus the writ petition should not be entertained The petitioner argued that the impugned order was issued by the management and pertained to seniority issues under Rule 12 and Schedule 'F', not a punitive reduction in rank

Ratio Decidendi

When a statutory remedy, such as an appeal under Section 9(1)(a) of the MEPS Act for reduction in rank, is available and efficacious, the High Court should not exercise writ jurisdiction under Article 226 of the Constitution of India, as the alternative remedy provides adequate relief

Judgment Excerpts

It is submitted that the impugned order effects a 'reduction in rank' of the petitioner, and therefore an efficacious statutory remedy of appeal is available to the petitioner under Section 9(1)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ('MEPS Act') In view of the availability of an alternative and efficacious statutory remedy, this Court ought not to entertain the petition under Article 226 of the Constitution of India

Procedural History

The petitioner filed a writ petition challenging the reversion order dated 15.11.2025 -- The Court admitted the petition and made the rule returnable forthwith -- With consent of parties, the petition was taken up for final disposal at the admission stage -- After hearing arguments on maintainability, the Court dismissed the petition