Govind Gangadhar Gangatir And ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 7628 Bom

2023:BHC-AUG:16284-DB

                                                      1                    WP / 9372 / 2023


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     964 WRIT PETITION NO.9372 OF 2023

              1] Govind S/o Gangadhar Gangatir
              2] Sonali D/o Dashrathrao Shirse
              3] Satish S/o Madhavrao Ashtikar                              .. Petitioners

                          Versus

              The State of Maharashtra and others                           .. Respondents

                                                       ...
                                  Advocate for Petitioners : Mr. Panpatte V. S.
                                AGP for the respondent - State : Mr. S.K. Tambe
                                                       ...

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

                                               DATE       : 01 AUGUST 2023

              PC :

                              Heard.

2. The petitioners who have been transferred from unaided

division to aided division are challenging the order passed by the

respondent - Education Officer (Secondary) refusing to grant approval

to such transfer effected under rule 41A of the Maharashtra Employees

of Private Schools (Conditions of Service) Rules on the ground of

circular dated 01-12-2022 whereby operation of that rule has been

stayed by the government.

2 WP / 9372 / 2023

3. In the matter of Friends Social Circle, Akola and others

Vs. State of Maharashtra 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. That being the only reason assigned by the Education Officer,

the order is liable to be quashed and set aside.

4. The writ petition is allowed.

5. Impugned order is quashed and set aside.

6. The matter is remanded back to the respondent -

Education Officer (Secondary), Zilla Parishad, Nanded for decision in

accordance with law. However, he shall not refuse to grant approval by

referring to the circular dated 01-12-2022.

7. 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/