Shaikh Aaqeb Jawed Shaikh Iliyas vs Education Officer Secondary And ...
2021 Latest Caselaw 3312 Bom

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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                47 WRIT PETITION NO.3271 OF 2021

              SHAIKH AAQEB JAWED SHAIKH ILIYAS
                           VERSUS
         EDUCATION OFFICER (SECONDARY) AND OTHERS
                             ...
      Advocate for Petitioner: Mr. Dixit Sushant V.
       AGP for Respondents/State: Mr. K. N. Lokhande
                             ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

                               DATE:       22nd FEBRUARY, 2021

 PER COURT:

1. The proposal seeking approval to the transfer

of the petitioner from unaided to aided post is

rejected on the basis of Circular

dated 28.06.2016.

2. We have heard the learned A.G.P.

3. This Court under it's judgment and order

dated 04.07.2019 in Writ Petition No. 1493 of 2018

with connected writ petition held that some of the

clauses of the Circular dated 28.06.2016 do not

apply.

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 4.       In      view         of    that,     the     impugned           order        is

 quashed and set aside.


 5.       The        Education             Officer     shall         decide          the

proposal seeking approval to the transfer of the

petitioner from unaided to aided post on it's own

merits and in tune with the judgment dated

04.07.2019 in Writ Petition No. 1493 of 2018 with

connected writ petition. The same shall be decided

expeditiously and preferably within a period of

four (04) months.

6. Writ Petition is accordingly disposed of. No

costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

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