Rahul Prakash Nilgar vs State Of Maharashtra And Ors
2021 Latest Caselaw 15788 Bom

ppn                                   1               26-wp.2547.21 wt 2548.21.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.2547 OF 2021

Rahul Prakash Nilgar                                .. Petitioner
       Versus
State of Maharashtra and Ors.                       .. Respondents

                               ALONG WITH
                       WRIT PETITION NO.2548 OF 2021

Shankarrao Vasantrao Solankar                       .. Petitioner
       Versus
State of Maharashtra and Ors.                       .. Respondents

            ---
Mr.Rahul S. Kadam for the petitioners in both the petitions.
Mr.S.B. Kalel, AGP for the respondent-State in WP/2547/21.
Mrs. P.J.Gavhane, AGP for the respondent-State in WP/2548/21.
            ---

                               CORAM : R.D. DHANUKA
                                       ABHAY AHUJA, JJ.

DATE : 15th November 2021

P.C.:-

. The question that arises for consideration of this Court is whether the petitioners who are admittedly non-teaching staff can invoked Section 41(5) of MEPS Rules for seeking transfer from Junior College to Higher Secondary School run by the same management or whether such transfer of non-teaching staff would be at all permissible even under Rules 41(1) to 41(4) of the MEPS Rules ?

2. Parties are allowed to produce copy of the judgments in support of their rival contentions.

ppn 2 26-wp.2547.21 wt 2548.21.doc

3. Place both the matters on board on 25 th November 2021 at 2.30 p.m. It is made clear that this Court will make an endeavour to dispose of the petitions finally at the admission stage subject to time constraint.

                ABHAY AHUJA, J.                R.D. DHANUKA, J.