Bombay High Court
Shri Vandaniya Rashtrasant ... vs State Of Maharashtra, Thr. ... on 2 November, 2023
Bench: A.S. Chandurkar, Abhay J. Mantri
2023:BHC-NAG:15989-DB
12-WP-7436-2023(j).odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7436 of 2023
1. Vandaniya Rashtrasant Tukdoji Maharaj
Bahuuddeshiya Shikshan Sanstha,
Chimur, District Chandrapur,
through its Secretary.
2. New Rashtriya Vidhyalaya, Chimur,
Tahsil Chimur, District Chandrapur.
Through its Head Mastedr.
3. Sameer s/o Gopal Biraje,
Aged about Years, Occu. Service,
R/o. New Rashtriya Vidhyalaya, Chimur,
Tahsil Chimur, District Chandrapur. ..... PETITIONERS
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Education and Sport Department, Mantralaya,
Mumbai-32.
2. Education Officer (Secondary),
Zilla Parishad, Chandrapur,
District Chandrapur. ....... RESPONDENTS
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Shri Ram Karode, Advocate for petitioners.
Ms D. V. Sapkal, Assistant Government Pleader for respondents
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CORAM :- A.S.CHANDURKAR AND ABHAY J. MANTRI, JJ.
DATE :- 2nd NOVEMBER, 2023.
ORAL JUDGMENT (Per A.S.CHANDURKAR, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally with the consent of the learned counsel for the parties.
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2. The petitioner No.3 has been appointed on the post of Assistant
Teacher at the petitioner No.2 School that is being run by the petitioner
No.1-Public Trust. The appointment of the petitioner No.3 was made on an
un-aided division of the School. His appointment on the said un-aided
division was approved on 11.01.2016. The services of the petitioner were
sought to be transferred from the un-aided division to the aided division of
the School. Proposal in that regard was forwarded to the Education Officer
(Secondary), who by the impugned order dated 21.07.2023 has rejected the
same for two reasons. He has firstly held that since the proceedings under
Section 41-D of the Maharashtra Public Trust Act, 1950 are pending, the
proposal cannot be considered. He has further stated that since the Circular
dated 01.12.2022 has been stayed, the transfer of the petitioner to the aided
section cannot be approved.
3. After hearing the learned counsel for the parties, we find that
the proposal seeking approval to the transfer of the petitioner requires re-
consideration for the following reasons:
(a) Pendencey of the proceedings under Section 41-D of the Act of
1950 cannot be a reason for non consideration of the proposal on it's own
merits. In this regard, the reference can be made to the decision in the case
of Navnath Narsing Gore Vs. .State of Maharashtra [2021(6) Mh.L.J. 118].
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(b) The stay that was imposed on the Circular dated 01.12.2022
now stands vacated in the context of Rule 41-A of the Maharashtra
Employees of Private Schools (Conditions Service) Rules, 1981. The
reference in this regard can be made to the decision in Writ Petition N0.
8215 of 2022 (Friends Social Circle, Akola and ors.Vs. State of Maharashtra
and ors.) along with other connected matters.
4. For the aforesaid reasons, the interest of justice would be served
by directing the Education Officer,(Secondary) to reconsider the aforesaid
proposal in accordance with law and after giving an opportunity to the
petitioner. To enable such reconsideration, the order dated 21.07.2023
passed by the respondent No.2 is set aside.
5. The petitioner shall appear before the Education Officer
(Secondary) on 08.11.2023. Within a period of four weeks from that date,
the Education Officer (Secondary) shall consider the proposal and take a
decision thereon. The decision be communicated to the petitioners.
6. Rule is disposed of in the aforesaid terms. No costs
(ABHAY J. MANTRI, J.) (A.S.CHANDURKAR, J.)
Andurkar..
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 02/11/2023 18:54:26
