Rupali Nitin Malpure vs The State Of Maharashtra Through ...
2021 Latest Caselaw 6052 Bom

                                                          10-wpst-668-2021




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                   WRIT PETITION (ST) NO.668 OF 2021

 Mrs.Rupali Nitin Malpure                                ...Petitioner
       V/s.
 The State of Maharashtra
 Through Secretary & Ors.                                ...Respondents
                             ----
 Mr.N.V. Bandiwadekar i/b Ms.Ashwini N. Bandiwadekar for the
 Petitioner.
 Mr.N.C. Walimbe, AGP for the Respondent-State.
                             ----
                      CORAM : NITIN JAMDAR AND
                                  C. V. BHADANG, JJ.

DATE : 5 April 2021

P.C.

. Heard learned counsel for the parties.

2. The Petitioner is aggrieved by the impugned order dated 4 March 2020 which proceeds on the premise that the Petitioner shifting from an unaided post to an aided post within the same Management is a transfer and such transfer are to be made conditional.

3. The learned counsel for the Petitioner states that this issue is already covered by various decisions of this Court already

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10-wpst-668-2021

rendered and reliefs have been granted. The copy of the decisions are placed on record.

4. In view of these decisions, the Division Bench on 22 January 2021 had adjourned the matter at the request of the learned AGP, putting in the parties to notice that the Petition will be disposed of finally at the stage of admission. No reply is filed. Nothing is pointed out as to how the judgments annexed are not applicable.

5. Therefore this is one more case where inspite of law being repeatedly laid down, orders by the Education Authorities are being passed forcing the Petitioners to come to this Court. A case for imposition of litigation costs is made out. Since the learned Advocate General has assured the Court, in a group of matters that the problem of such kind of orders will be looked into and a study group would be formed, we defer the hearing of this Petition to to 26 April 2021. To be listed under the caption 'For Directions'.

6. Office objections to be removed before the next date.

   (C. V. BHADANG, J.)                          (NITIN JAMDAR, J.)




    N.S. Kamble                                                              page 2 of 2