Bombay High Court
Shri. Vijay Ananda Kumbhar vs The State Of Maha. Thr. Sec. School ... on 22 December, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2023:BHC-AS:39212-DB
BHARAT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DASHARATH
PANDIT CIVIL APPELLATE JURISDICTION
Digitally signed
by BHARAT
DASHARATH
WRIT PETITION NO. 15531 OF 2023
PANDIT
Date: 2023.12.22
17:49:30 +0530
Shri Vijay Ananda Kumbhar ]
Age: 33 Years, Occupation: Service ]
R/o. A/p. Save. Taluka, Sangola, ]
District: Solapur ] .... Petitioner.
V/s
1] The State of Maharashtra, ]
Through the Secretary, ]
School Education and Sports ]
Department, Mantralaya, ]
Mumbai - 400 032 ]
]
2] The Commissioner of Education ]
School Education Department, ]
Maharashtra State, Pune. ]
]
3] The Director of Education, ]
(Secondary and Higher Secondary), ]
Maharashtra State, Pune-1 ]
]
4] The Deputy Director of Education, ]
Pune Region, Pune, having office at ]
17, Dr. Babasaheb Ambedkar Road, ]
Camp, Pune. ]
]
5] The Education Officer(Secondary) ]
Zilla Parishad, Solapur, ]
Having Office at, Zilla Parishad ]
Building, Solapur. ]
]
6] Katphal Shikshan Prasarak Mandal ]
Katphal, Taluka : Sangola, ]
District : Solapur Through ]
its President/Secretary ]
]
7] Pratapsinh Vidyalay (Kalevasti) ]
Chandrapuri, Taluka: Malshiras, ]
District : Solapur, Through its Head Master.] ...Petitioners.
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Mr. Akhil Kupade a/w Mr. Sushant A. Khatake for the Petitioner
Mr Wasim Samlewale for Respondent Nos. 6 and 7
Mr. R.P. Kadam, AGP for Respondents-State.
CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 22nd DECEMBER, 2023
P.C. :
1] The learned Counsel for the Respondent Nos. 6 and 7 is at
liberty to file Vakalatnama.
2] Rule. Rule made returnable forthwith.
3] The learned AGP waives service of notice for Respondent Nos.
1 to 5 and the learned Counsel for the Respondent No.6 and 7 also
waives service of notice.
4] The transfer of the Petitioner from unaided Section to aided
Section pursuant to the order of transfer dated 20/04/2023 has not
been approved by the Education Officer (Secondary) on 12/05/2023
on the ground that the provisions of Rule 41A of the Maharashtra
Employees of Private Schools (Conditions of Service) Rules, 1981
had been stayed by the Circular dated 01/12/2022. This issue is no
more res integra in view of the decision in Writ Petition No.8215 of
2022 and connected Writ Petitions which were decided on
21/07/2023 by the Nagpur Bench of this Court. Hence, for the
reasons assigned in the said judgment, the following order is passed:-
(i) The Order dated 12/05/2023 passed
by the Education Officer (Secondary) is set
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aside;
(ii) The Education Officer (Secondary)
shall re-consider the proposal dated
02/05/2023, seeking such approval and
decide the same within a period of four
weeks on its own merits after giving an
opportunity to the parties. The decision
taken be communicated to the parties.
(iii) Needless to state that in case the
Petitioner's transfer is approved,
consequential benefits shall be made
available.
5] Rule is made absolute in the above terms.
[ FIRDOSH P. POONIWALLA, J] [A.S. CHANDURKAR, J. ]
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