Bhagirathi Jivandhara Pratishthan And ... vs The State Of Maharashtra Through The ...
2024 Latest Caselaw 1183 Bom

Bombay High Court

Bhagirathi Jivandhara Pratishthan And ... vs The State Of Maharashtra Through The ... on 17 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                        (1)                      924 wp 546.24

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                      924 WRIT PETITION NO. 546 OF 2024

         BHAGIRATHI JIVANDHARA PRATISHTHAN AND OTHERS
                            VERSUS
  THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

                                           ...
     Advocate for the Petitioner : Mr. Tripathi Manish Purushottam Purushottam
                     GP for Respondents/State : Mr. A.B. Girase
                                           ...

                                 CORAM :       RAVINDRA V. GHUGE &
                                               Y.G. KHOBRAGADE, JJ.

                                 DATE      :   17th January, 2024

P.C. :-

1. The Petitioners are aggrieved by the impugned order dated

07.08.2023, by which, approval is not granted to the transfer of Petitioner No.3

from the unaided to the aided school.

2. The only reason for which the approval is declined is that, Rule 41-

A of the Maharashtra Employees of Private Schools (Conditions of Service)

Rules, 1981 (wrongly typed as 41-1 by the Education Officer in the impugned

order), has been stayed by the Government Circular dated 01.12.2022.

3. We have heard the extensive submissions of the learned Advocates

for the respective sides.

(2) 924 wp 546.24

4. It is undisputed that the Circular dated 01.12.2022, staying the

effect of Rule 41-A of the 1981 Rules, was stayed by the interim order of the

Nagpur Bench of this Court, dated 21.12.2022, in Writ Petition No.8215/2022

(Friends Social Circle, Akola, thr. it's Secretary and others Vs. the State of

Maharashtra and another). Subsequently, by a judgment dated 21.07.2023, the

said petition along with a group of petitions, were allowed and the Circular

dated 01.12.2022, was quashed and set aside.

5. In view of the above, this Writ Petition is partly allowed. The

impugned order dated 07.08.2023 is quashed and set aside.

6. The proposal of Petitioner No.3 is restored to the file of the

Education Officer, who will consider it afresh in the light of Rule 41-A of the

1981 Rules, and pass a reasoned order, within 60 days from today.

7. In the event of any surplus teachers, the Education Officer shall

carefully scrutinize the case and pass a reasoned order taking into account the

rights of the surplus teachers, as are enshrined in law. Any grievance about the

order, that is to be passed by the Education Officer, can be voiced by the

Petitioners in appropriate proceeding.

 [Y.G. KHOBRAGADE, J.]                            [RAVINDRA V. GHUGE, J.]
mub