Gramin Yuvak Shikshan Sanstha, ... vs The State Of Maharashtra, Thr. ...
2023 Latest Caselaw 8164 Bom

WP 5063-23                                         1                      Judgment
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                           WRIT PETITION NO. 5063/2023

1.     Gramin Yuvak Shikshan Sanstha, Takalghat,
       a Trust duly registered under the Societies
       Registration Act bearing registration No.MAH335/90,
       through its President Vijay Pandurang Ghodmare,
       aged about 70 years Office at Takalghat,
       Tehsil Hingna, District Nagpur.

2.     Saraswatibai Nistane Secondary and Higher
       Secondary School through its Headmaster Ankush
       Sadashiv Wasad, aged about 54 years,
       Takalghat, Tehsil Hingna, District Nagpur.

3.     Gajanan S/o Kashinath Botre, aged about 41 years,
       Occu: Service, Resident of Godeghat, Tehsil Hingna,
       District Nagpur.                                              PETITIONERS


                                        -VERSUS-

1.     The State of Maharashtra, Through its Secretary,
       School Education and Sports Department,
       Mantralaya, Mumbai - 400 032.

2.     Education Officer (Secondary), Zilla
       Parishad, Nagpur.                                           RESPONDENTS

__________________________________________________________________________
               Shri R.S. Kalangiwale, counsel for the petitioners.
       Ms S.S. Jachak, Assistant Government Pleader for the respondents.

CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATE      : AUGUST        09,   2023.
ORAL JUDGMENT             (PER : A.S. CHANDURKAR, J.)


       RULE.        Rule made returnable forthwith.            Learned Assistant

Government Pleader Ms S.S. Jachak waives notice of hearing for the

respondents. Heard the learned counsel for the parties.

WP 5063-23 2 Judgment

2. The petitioners are aggrieved by the order dated 12.04.2023 by

which the Education Officer (Secondary) has refused to approve the transfer

of the petitioner no.3 from a non-aided post to an aided post. The petitioner

no.3 is serving as an Assistant Teacher. In the impugned order, the reason

indicated is that by the Government Resolution dated 01.12.2022, the effect

of Rule 41A of the Maharashtra Employees of Private Schools (Conditions of

Service) Rules, 1981 (for short, 'the Rules of 1981') as well as the

Government Resolution dated 01.04.2021 has been stayed. It is common

ground that in Writ Petition No. 8215 of 2022 [Friends Social Circle, Akola &

Others Versus State of Maharashtra & Others ] this Court has set aside the

Government Resolution dated 01.12.2022 to the extent the provisions of

Rule 41A of the Rules of 1981 were stayed. Since the only reason for

refusing to grant approval is the Government Resolution dated 01.12.2022 it

is felt necessary that the proposal dated 28.03.2023 shall be re-considered by

the Education Officer (Secondary).

3. Accordingly, the following order is passed:-

(I) The order dated 12.04.2023 passed by the Education Officer (Secondary) is set aside.

(II) The proposal dated 28.03.2023 is directed to be re-considered by the respondent no.2-Education Officer (Secondary), Zilla Parishad, Nagpur in accordance with law and after giving an opportunity of hearing to the petitioner.

WP 5063-23 3 Judgment (III) The respondent no.2-Education Officer (Secondary), Zilla Parishad, Nagpur shall take a decision on the proposal dated 28.03.2023 within a period of four weeks of receiving the copy of this order. (IV) The decision taken be communicated to the petitioner. (V) All the points raised in the writ petition are kept open.

4. Rule is disposed of in aforesaid terms. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

APTE