Sandeep Premchandra Bodhankar vs The State Of Maharashtra And ...
2021 Latest Caselaw 10203 Bom

                                                           918WP8257
                                      1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      918 WRIT PETITION NO. 8257 OF 2021

                   SANDEEP PREMCHANDRA BODHANKAR
                                VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS

                 Advocate for Petitioners : Mr. S.R. Kolhare.
               AGP for Respondent Nos. 1 & 2 : Mr. S.K. Tambe.

                                      CORAM : S.V. GANGAPURWALA &
                                              R.N. LADDHA, JJ.

DATED : 03.08.2021

PER COURT :

The proposal seeking approval to the transfer of the petitioner

from unaided to aided post is rejected solely on the basis of circular

dated 28.06.2010, inter alia on the ground that there are surplus

teachers available.

2. The learned AGP waives notice for respondent Nos. 1 and 2.

3. This Court under its judgment and order dated 04.07.2019 in

Writ Petition No. 1493/2018 with other connected Writ Petitions, had

observed that the Management is within its powers to transfer the

employee from unaided to aided post subject to the availability of the

post, seniority, roaster, qualification and the availability of surplus

teachers would not be a ground in not enabling the Management to

918WP8257

exercise its powers of transfer under Rule 41 of the MEPS, Rules.

4. In light of that the impugned order is quashed and set aside.

The Education Officer shall consider the proposal seeking approval to

the transfer of the petitioner from unaided to aided post afresh on its

own merits. The Education Officer shall consider the qualification,

seniority list, roaster and all the relevant aspects. The said proposal

shall be decided expeditiously and preferably within period of six

months from today. The proposal shall not be rejected on the ground

on which the impugned order is passed.

5. Writ Petition is disposed of. No costs.

 ( R.N. LADDHA, J. )                         ( S.V. GANGAPURWALA, J. )




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