Bombay High Court
Balasaheb Sudamrao Solanke vs The State Of Maharashtra And ... on 11 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
WP No.7386/21 & Ors.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
1016 WRIT PETITION NO.7386 OF 2021
BALASAHEB SUDAMRAO SOLANKE
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. N.K. Chaudhari
AGPs for Respondents 1 & 2 : Mr. S.P. Tiwari
Advocate for Respondents 3 & 4 : Mr. Umesh Gite h/f. Mr. N.B.
Khandare
...
1017 WRIT PETITION NO.7387 OF 2021
SHANKAR RAMBHAU GAVHANE
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. N.K. Chaudhari
AGPs for Respondents 1 & 2 : Mr. S.P. Tiwari
Advocate for Respondents 3 & 4 : Mr. Umesh Gite h/f. Mr. N.B.
Khandare
...
1018 WRIT PETITION NO.7392 OF 2021
VIKAS BHISHMA GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. N.K. Chaudhari
AGPs for Respondents 1 & 2 : Mr. K.N. Lokhande
Advocate for Respondents 3 & 4 : Mr. Umesh Gite h/f. Mr. N.B.
Khandare
...
1019 WRIT PETITION NO.7396 OF 2021
BABASAHEB NIVRUTTI JADHAV
::: Uploaded on - 13/08/2021 ::: Downloaded on - 13/08/2021 23:31:49 :::
WP No.7386/21 & Ors.
2
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. N.K. Chaudhari
AGPs for Respondents 1 & 2 : Mr. P.K. Lakhotiya
Advocate for Respondents 3 & 4 : Mr. Umesh Gite h/f. Mr. N.B.
Khandare
...
1020 WRIT PETITION NO.7397 OF 2021
MAHADEO ASHOKRAO LANGE
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. N.K. Chaudhari
AGPs for Respondents 1 & 2 : Mr. S.K. Tambe
Advocate for Respondents 3 & 4 : Mr. Umesh Gite h/f. Mr. N.B.
Khandare
...
1021 WRIT PETITION NO.7418 OF 2021
DINESH PRAKASHRAO WAGHMARE
VERSUS
THE STATE OF MAHARASHTRA AD OTHERS
...
Advocate for Petitioner : Mr. N.K. Chaudhari
AGPs for Respondents 1 & 2 : Mr. S.B. Pulkundwar
Advocate for Respondents 3 & 4 : Mr. Umesh Gite h/f. Mr. N.B.
Khandare
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 11/08/2021.
PER COURT :
. The proposals seeking approval to the transfer of the
petitioners from unaided to aided divisions is rejected under the
WP No.7386/21 & Ors.
impugned orders.
2. We have heard the learned counsel for petitioners,
learned counsel for respondents and the learned A.G.P.
3. The proposals of the petitioners for approval for the
transfer from unaided to aided divisions are rejected on two
counts (i) Circular dated 28.6.2016 and (ii) backlog of reserved
category posts.
4. The petitioners have given details of the dates of
appointment on unaided posts, the date of approval to the
appointment on unaided posts, date of transfer on aided posts
etc.. The said details are enumerated in the chart, which reads
thus :-
Factors WP/7386/21 WP/ WP/7392/21 WP/9396/21 WP/7397/21 WP/7418/21
Balasaheb 7387/21 Vikas Gaikwad Babasaheb Mahadeo Dinesh
Solanke Shankar B.Sc. B.Ed. Jadhav Lange Waghmare
B.Sc. B.Ed Gavhane B.Sc. B.Ed. B.Sc. B.Ed.
B.Sc. B.Ed.
1016 1017 1018 1019 1020 1021
DOA 14/03/2015 05/03/2015 14/03/2015 09/01/2013 05/03/2015 05/03/2015
APPROVAL 25/03/2015 25/03/2015 25/03/2015 24/01/2013 25/03/2015 04/06/2018
3 Years 26/10/2018 25/01/2019 26/10/2018 08/01/2015 26/10/2018 29/10/2018
APPROVAL 17/01/2019 07/03/2019 20/12/2019 18/02/2015 19/07/2019 11/04/2019
Category Open Open Open SC Open OBC
Caste 06/04/1999 18/10/2002
Validity Page 18 Page 12
WP No.7386/21 & Ors.
DOT/ 22/03/2021 22/03/2021 22/03/2021 01/03/2021 22/03/2021 22/03/2021
Joining 23/03/2021 23/03/2021 23/03/2021 01/03/2021 23/03/2021 23/03/2021
DO 31/03/2021 30/03/2021 31/03/2021 01/03/2021 31/03/2021 31/03/2021
Proposal
DO 31/03/2021 31/03/2021 31/03/2021 17/03/2021 31/03/2021 31/03/2021
Rejection
Reasons Page 19 Page 19 Page 19 Page 19 Page 23 Page 22
Circular dtd. Circular dtd. Circular dtd. Circular dtd. Circular dtd. Circular dtd.
28/06/2016 28/06/2016 28/06/2016 28/06/2016 28/06/2016 28/06/2016
84 Backlog 84 Backlog 84 Backlog 15 Backlog 84 Backlog 84 Backlog
5. It would appear that in four of the writ petitions, the
petitioners are from general category and in Writ Petition No.
7396/2021, the petitioner is from SC category, whereas in Writ
Petition No.7418/2021, the petitioner is from OBC category.
6. The above petitioners are appointed on unaided posts
in 2013 to 2015. Their appointments are approved under the
orders of Education Officer. The petitioners are transferred to the
aided posts on or about March 2021. The petitioners have
completed more than three years of service on unaided posts
before their transfer to aided posts.
7. The management is empowered to transfer the
employees resorting to Rule 41 of the MEPS Rules.
8. We have under our judgment dated 4 th July 2019 in
WP No.7386/21 & Ors.
Writ Petition No. 1493/2018 with connected writ petitions held
that some of the circulars dated 28.6.2016 are erroneous.
9. If the petitioners are transferred after rendering more
than three years of service on unaided post and they are
transferred to the aided post and the post is 100% grant in aid,
there approval shall given on 100% grant in aid. Ofcourse,
Education Officer is required to confirm the seniority, roster, the
qualification of the persons transferred.
10. In the present case, one of the reason for rejecting the
proposal for approval is existence of backlog. There are 33 posts
shown vacant. The petitioner from Writ Petition No. 7396/2021 is
from SC category. There are 17 posts shown to be vacant of OBC.
The petitioner from Writ Petition No. 7418/2021 claims to be
appointed from OBC category. There are total 84 posts of backlog
shown to be vacant. The Education Officer is required to consider
whether the posts are vacant for general candidate and if the posts
are also available for general category candidate, the persons
appointed from open category are also required to be considered
for approval. The management shall file undertaking with the
WP No.7386/21 & Ors.
Education Officer that Management would fill in the backlog. If
the transfer of the petitioners is on 20% or 40% grant in aid post,
the approval would be for 20% or 30% grant in aid posts.
11. In the light of above, the impugned orders are
quashed and set aside. The Education Officer shall reconsider the
proposals seeking approval to the transfer of the petitioners from
unaided posts to aided posts in tune with the judgment of this
Court in Writ Petition No. 1493/2018 with connected writ
petitions dated 4th of July, 2019. The said proposals be decided
preferably within four months.
[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]
ssc/
