Bombay High Court
Ravindra S/O Martoti Koyhade vs The State Of Maharashtra, Through ... on 18 April, 2022
Bench: S.B. Shukre, Mukulika Shrikant Jawalkar
Judgment 1 23-W.P.No.8044.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 8044 OF 2019
Ravindra S/o Maroti Koychade,
Aged about 34 years,
Occu. - Assistant Teacher,
Indira Nagar, Panchshil Square,
Mul Rode, Near Vishvashanti
Boudhha Vihar, Chandrapur 442401. .... PETITIONER
// VERSUS //
1) State of Maharashtra,
Through its Secretary,
Education and Sports Department,
Mantralaya, Mumbai-32.
2) Deputy Director of Education,
Nagpur Division, Nagpur,
Civil Lines, Nagpur.
(Balbharati, Near Dhantoli
Garden, Dhantoli, Nagpur).
3) Education Officer (Secondary),
Zilla Parishad, Chandrapur,
Tah. & Distt. Chandrapur.
4) Mahatma Gandhi Vidyalaya,
Through Head Master,
Gadchandur, Gadchandur,
Tah. Korpana, Dist. Chandrapur.
5) Gadchandur Shikshan Prasarak
Mandal, Gadchandur, through
its President, Office at Mahatma
Gandhi Vidyalaya, Gadchandur,
Tah. Korpana, Dist. Chandrapur. .... RESPONDENTS
______________________________________________________________
Mr. S.D. Chande, Advocate for Petitioner.
Ms. Mayuri Deshmukh, Assistant Government Pleader for
Respondent Nos.1 to 3.
Ms. Sunita S. Kulkarni, Advocate for Respondent Nos.4 and 5.
______________________________________________________________
Judgment 2 23-W.P.No.8044.2019.odt
CORAM : SUNIL B. SHUKRE AND
SMT. M.S. JAWALKAR, JJ.
DATED : 18.04.2022
ORAL JUDGMENT : (Per Sunil B. Shukre, J.)
1. Heard. Rule. Rule made returnable forthwith. Heard finally
by consent of the learned counsel appearing for the parties.
2. The petitioner has been transferred from unaided school to
aided school, run by the same management i.e. respondent No.5 and
when it came for granting approval to said transfer, it was refused by
respondent Nos.2 and 3. The question which arises therefore, is
whether transfer from unaided school to aided school is permissible in
law or not. This question has been answered as in the affirmative in the
case of Miss. Devkar Dipali Kisan Vs. The State of Maharashtra in Writ
Petition No.5313 of 2017 and Suryakant S/o Janardan Muge Vs. The
State of Maharashtra in Writ Petition No.1493 of 2018.
3. The issue involved in this petition is thus squarely covered
by these two judgments, which have been followed in the case of Ajay
Vishwanath Kharade Vs. State of Maharashtra, 2021 SCC Online Bom
2218. There is no dispute about this position of law.
Judgment 3 23-W.P.No.8044.2019.odt
4. In view of above, the Writ Petition is allowed in terms of
prayer clauses (i) and (ii).
5. The approval to the transfer of the petitioner from unaided
school to aided school shall be granted by the Respondent No.3 within
a period of two weeks from the date of receipt of copy of this order.
6. Rule is made absolute in the above terms. No costs.
(SMT. M.S. JAWALKAR, J.) (SUNIL B. SHUKRE, J.)
Kirtak
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:18.04.2022
17:53
