Lok Shikshan Sanstha, ... vs Education Officer (Secondary) ...
2021 Latest Caselaw 17281 Bom

                                                                                              WP.3520.21.J
                                                       1


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT NAGPUR, NAGPUR.
                                       ...

WRIT PETITION NO. 3520/2021

1) Lok Shikshan Sanstha, Kingaonraja Through its Secretary Ganeshrao Janrao Jadhav Aged 66 years, occu: Agriculturist R/o Kindgaonraja, Tq. Sindkhedraja Dist. Buldhana.

2) Ganesh Vitthalrao Bhange Aged 51 years, occu: Headmaster R/o Nutan Secondary & Higher Secondary School, Kingaonraja Tq. Sindkhedraja Dist. Buldana. ..PETITIONERS

versus

Education Officer (Secondary) Zilla Parishad, Buldhana Office at Jaistambh Chowk Buldhana, Tq.&Dist.Buldhana. .. RESPONDENT ..................................................................................................................

Mr. Pravin S. Patil, Advocate for petitioners Mr. K.L. Dharmadhikari, AGP for respondent ................................................................................................................

CORAM: SUNIL B. SHUKRE & ANIL L. PANSARE, JJ DATED : 11th December, 2021.

ORAL JUDGMENT: (PER SUNIL B.SHUKRE, J.)

1. Heard.

WP.3520.21.J

2. Rule. Rule made returnable forthwith. Heard finally by

consent.,

3. This Court has in a detailed order passed on

16.09.2021, already taken a view that the Education Officer could

not have refused approval to the transfer of the petitioner from one

School to another School receiving grant-in-aid, when both the

Schools are under the same management and that grant of approval

to such a transfer by the Education Officer is a mere formality, in

view of the law laid down by the coordinate Bench of this Court, in

the case of Sayada Mumtaz Jahan Sayad Ahteshmuddin vs. Talat

Shikshan Mandal, Aurangabad, reported in 2016(4) Mh.L.J. 511.

4. This position of law has still not changed and,therefore,

the issue involved in this petition, we must say, is fairly covered by

the view so taken in Sayada Mumtaz's case (supra).

5. In the result, the Writ Petition is allowed in terms of

prayer Clauses (1) and (2).

6. Rule is made absolute in the above terms. No costs.

                                    JUDGE                    JUDGE

sahare