Anand Padmakumar Mahajan vs The State Of Maharashtra Through ...
2023 Latest Caselaw 7626 Bom

2023:BHC-AUG:16287-DB

                                                      1                       WP / 9369 / 2023

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     963 WRIT PETITION NO.9369 OF 2023

                                      ANAND PADMAKUMAR MAHAJAN
                                                VERSUS
                                  THE STATE OF MAHARASHTRA THROUGH
                                       ITS SECRETARY AND OTHERS

                                                      ...
                                 Advocate for Petitioners : Mr. Panpatte V. S.
                               Addl.GP for the respondent - State : Mr. P.S. Patil
                                                      ...

                                               CORAM      : MANGESH S. PATIL &
                                                            SHAILESH P. BRAHME, JJ.

                                               DATE       : 01 AUGUST 2023

              PC :

                              Heard both sides.

2. The petitioner who was appointed as a Teacher is

challenging the impugned order passed by the respondent - Education

Officer (Secondary) on 12-06-2023 whereby his proposal for transfer

from unaided division to aided division has been rejected on two

counts; firstly, in view of the government circular dated 01-12-2022,

which had the effect of staying the operation of rule 41A of the

Maharashtra Employees of Private Schools (Conditions of Services)

Rules and secondly, on the ground that he had not passed Teacher's

Eligibility Test (TET).

3. As far as first ground is concerned, in the matter of

Friends Social Circle, Akola and others Vs. State of Maharashtra

2 WP / 9369 / 2023

and others (writ petition no. 8215 of 2022 and connected writ petitions

- Nagpur bench judgment dated 21 July 2023) the very circular dated

01-12-2022 has been quashed and set aside meaning thereby that the

availability of the circular can no longer be a ground to reject the

proposal for transfer pursuant to rule 41A.

4. So far as the second ground is concerned, the dispute

regarding mandatory nature of the TET qualification is sub-judice

before the Supreme Court and this Court has been ignoring this

reasoning and have been calling upon the Education Officers to pass

appropriate order ignoring that condition and the decisions are being

made subject to the final outcome of the matter before the Supreme

Court.

5. We allow the writ petition partly.

6. The impugned order is quashed and set aside.

7. The matter is relegated back to the Education Officer

(Secondary) for decision afresh. However, he shall not refuse to grant

the approal on the grounds mentioned in the impugned

communicaton / order.

8. However, it is made clear that the decision to be taken by

the respondent - Education Officer (Secondary) shall be subject to the

final outcome of the matter before the Supreme Court.

3 WP / 9369 / 2023

9. The decision shall be taken as expeditiously as possible

and in any case, within six weeks.

     [ SHAILESH P. BRAHME ]                   [ MANGESH S. PATIL ]
            JUDGE                                   JUDGE

arp/