Shekhar Dilip Sonawane And Others vs The Education Officer Secondary ...
2021 Latest Caselaw 4681 Bom

                                 1              22-WP-4537-2021 & Anr.

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD


                         WRIT PETITION NO. 4537 OF 2021


Shekhar Dilip Sonawane and others                      ...Petitioners

                    Versus

The Education Officer (Secondary),
Zilla Parishad, Jalgaon and Anr.                       ...Respondents


Mr R.S. Pawar, Advocate for Petitioners
Mrs V.N. Patil-Jadhav, AGP for Respondent-State


                                     AND
                         WRIT PETITION NO. 4552 OF 2021


Virendra Shankarsingh Sisodiya and others              ...Petitioners

                    Versus

The Education Officer (Secondary),
Zilla Parishad, Jalgaon and Anr.                       ...Respondents


Mr R.S. Pawar, Advocate for Petitioners
Mr S.B. Pulkundwar, AGP for Respondent No. 1
Mr Rajesh Mewara, Advocate for Respondent No. 2


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

DATE : 15th MARCH, 2021

PER COURT :

1. In all these matters, the proposal seeking approval to the

transfer of the petitioners from unaided to aided divisions are rejected

basically on the ground of Circular dated 28.06.2016. The petitioners have

not passed T.E.T. examination.

2 22-WP-4537-2021 & Anr.

2. This Court, under the judgment dated 04.07.2019 in Writ

Petition No. 1493 of 2018 with connected matters has held that some of

the clauses of the Circular dated 28.06.2016 do not apply to the

petitioners.

3. In light of that, we pass the following order.

4. The impugned orders are quashed and set aside.

5. The Education Officer shall decide the proposals seeking

approval to the transfer of the petitioners from unaided to aided divisions

on its own merits afresh in tune with the decision dated 04.07.2019 in Writ

Petition No. 1493 of 2018 with connected matters. The proposals shall be

decided preferably within four months.

6. Writ Petitions are accordingly disposed of. No costs.

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

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