Bombay High Court
Somvanshi Pravin Sahebrao vs State Of Maha. Thr. Chief Sec. Ministry ... on 8 December, 2023
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2023:BHC-AS:37120-DB
1 503-wp4416-2023.doc
Digitally
signed by
ASHVINI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHVINI BAPPASAHEB
BAPPASAHEB KAKDE CIVIL APPELLATE JURISDICTION
KAKDE Date:
2023.12.12
14:34:47
+0530
WRIT PETITION NO.4416 OF 2023
Somvanshi Pravin Sahebrao
Aged about : 38 years
Occ: Service,
R/at : At post Madkijamb,
Taluka Dindori, District Nashik ... Petitioner
V/s.
1. The State of Maharashtra
Through its Chief Secretary,
Ministry of School Education
and Sports,
Government of Maharashtra,
Mantralaya, Mumbai
2. The Education Officer (Secondary),
Zilla Parishad, Nashik,
having office at: New Administrative
Building, Zilla Parisahd, Trimbak Naka,
Nashik, 422001.
3. The Chairman,
Madhyamik Lokshikshan Mandal,
having office at : S. G. Public School
compound, Sinnar, Tal. Sinnar,
Dist. Nashik 422103.
4. The Head Master,
S. G. Public School Madhyamik,
having address at : G. Public School
Compund, Sinnar, Tal. Sinnar,
Dist. Nashik 422103. ... Respondents
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Mr. Milind Deshmukh a/w. Mr. Shailesh Chavan for Petitioner.
Ms. A. A. Purav, AGP for Respondent-State.
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CORAM : A. S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ.
DATE : 8th DECEMBER 2023
Oral Judgement (Per A. S. Chandurkar J.):-
1. Rule. Rule made returnable forthwith and heard the learned
Counsel for the parties.
2. The proposal seeking approval to the appointment of the
Petitioner from a partially aided post to fully aided post has been rejected by
the Education Officer (Secondary) on 4th January 2023 for the reason that
vide Circular dated 1st December 2022 provisions of Rule 41-A of the
Maharashtra Employees of Private Schools (Condition of Service) Rules,
1981 have been stayed. It is common ground that this issue has been
considered and decided in Writ Petition No. 8215 of 2022 in the case of
Friends Social Circle, Akola & Ors. Vs. State of Maharashtra & Ors. by the
judgment dated 21st July 2023 at the Nagpur bench. Hence for the reasons
assigned in that judgment the following order is passed.
a. The impugned communication dated 4th January 2023
issued by the Education Officer (Secondary) is set aside.
Education Officer (Secondary) shall consider the proposal
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seeking approval to the appointment of the Petitioner from
partially aided post to fully aided post in accordance with law.
Such decision be taken within a period of four weeks of
receiving copy of this Judgment.
b. Needless to state that if the Petitioner is aggrieved by such
fresh decision, he is free to take such steps as permissible in law
for seeking redressal in that regard.
3. Rule is made absolute with no order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)
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