Kudke Yuvraj Vaijinath vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 14330 Bom

                                                           WP No.9855/21
                                      1


                    IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                     132 WRIT PETITION NO.9855 OF 2021

                  KUDKE YUVRAJ VAIJINATH
                             VERSUS
  THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY
                         AND OTHERS
                                ...
           Advocate for Petitioner : Mr. S.V. Deshmukh
           AGP for Respondents 1 & 2 : Mr. A.R. Kale
         Advocate for Respondent 3 : Mr. R.A. Deshmukh
                                ...

                               CORAM : S.V. GANGAPURWALA &
                                       R.N. LADDHA, JJ.

DATED : 04/10/2021.

PER COURT :

. The proposal seeking approval to the transfer of the

petitioner to unaided to aided post is rejected. The said proposal is

basically rejected on the ground that the petitioner is at Sr. No. 4

and there are three persons, senior to the petitioner.

2. The learned counsel for the petitioner submits that the

person at Sr. No. 1 is Someshwar Rohidas Patekar. He is

accommodated on aided post on or about 4th July 2020. The

person at Sr. No. 2 is Asaram Pandurang Pawal. He is also

WP No.9855/21

accommodated on aided post on 1st February 2021. The petitioner

is at Sr. No. 4. The person at Sr. No. 3 is duly accommodated on

aided post. He has been rightly transferred at vacant post. This

aspect has not been considered by the Education Officer.

According to the learned counsel, the said aspect ought to have

been considered.

3. In the light of above, the impugned order is quashed

and set aside. The Education officer shall reconsider the proposal

submitted by the institution seeking approval to transfer of the

petitioner from unaided to aided post on it's own merits. The same

shall be decided expeditiously preferably within four months. The

Education officer shall consider all aspects of the matter i.e. roster,

qualification and other aspects and the judgment of this Court in

Writ Petition No. 1493/2018 with connected writ petitions dated

4th July 2019.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/