Bombay High Court
Gandhi Vidyalaya Shikshan Sanstha, ... vs The State Of Maharashtra, Thr. Chief ... on 30 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1146-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 8063/2023
1. Gandhi Vidyalaya Shikshan
Sanstha, Kondha (Kosra),
Tahsil Pauni, District Bhandara,
through its Secretary, Shri Ramdas
Jagannath Shahare (Guruji), Aged
about 75 years, R/o Santaji Ward,
Bhandara.
2. Gandhi Vidyalaya & Junior
College, Kondha (Kosra),
Tahsil Pauni, District Bhandara,
through its Head-Master.
3. Shri Govinda Gangaram
Kurzekar, Aged about 40 years,
Occupation Service, R/o Kondha
Kosra, Tahsil Pauni, District
Bhandara. ....PETITIONERS
...VERSUS...
1. State of Maharashtra, Through
its Chief Secretary,
School Education and
Sports Department, Mantralaya,
Mumbai- 32.
2. The Divisional Deputy Director
of Education, Nagpur Division,
Nagpur. ...RESPONDENTS
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Shri P.A. Jibhkate, Advocate for petitioners.
Ms. Prachi Joshi, AGP for respondents.
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ.
RESERVED ON: 23/01/2024
PRONOUNCED ON: 30/01/2024
JUDGMENT (Per : SMT. M.S. JAWALKAR, J.)
Rule. Rule made returnable forthwith.
2. Heard finally by the consent of learned counsel
appearing for rival parties.
3. The petitioner No.1 is an educational institution
registered under the Maharashtra Public Trusts Act as well as
Societies Registration Act which inter alia runs recognized and
grant-in-aid Gandhi Vidyalaya and Junior College, Kondha
Kosra, Tahsil Pauni, District Bhandara i.e. petitioner No.2. The
educational activities of the petitioner No.1 are funded from
the State Exchequer. The respondent No.2 accorded approval
to the appointment of petitioner No.3 dated 02/04/2018 for a
probation of 2 years for subjects Sociology and Geography and
thereafter accorded onward approval vide order dated
01/12/2022. On 02/09/2023, the Managing Committee of the
petitioner No.1 vide resolution No.7/1 unanimously resolved
to transfer the petitioner No.3 from 40% aided sanctioned post
of Junior Lecturer of subject Geography to 100% sanctioned
vacant post of Junior Lecturer of subject Geography, created
on account of retirement of Shri B.R. Wahane, approved
teacher of subject Geography, since petitioner No.3 was
fulfilling eligibility criteria stipulated in Government
Resolution dated 01/04/2021 and Rule 41(1) of the Rules,
1981.
4. On 23/09/2023, the petitioner No.2 submitted
proposal of approval along with all necessary documents to
the respondent No.2. On 25/10/2023, the respondent No.2
rejected said proposal stating the reason of Government
Circular dated 01/12/2022 inspite of having the knowledge of
the fact of the judgment passed by this court referred in Writ
Petition No. 5486/2023, whereby said Circular has been set
aside. Hence Present Writ Petition before this Court.
5. In view of the judgment in Writ Petition Nos.
5486/2022 and 8215/2022 with other Writ Petitions, this Court
declared Circulation dated 01/12/2022 to the extent it, it's
staying operation of Rule 41A of the Rules 1981, is set aside for
want of power to the respondent no. 1 to do so, the impugned
order/communication passed by the respondent no. 2 dated
25/10/2023 is liable to be set aside. As such, we pass the
following order:-
ORDER
(1) The impugned communication dated 25/10/2023
passed by respondent no. 2 is hereby quashed and set
aside to enable for reconsideration of the petitioner's
proposal dated 23/09/2023 for approval to the transfer
of petitioner no. 3.
(2) The petitioner shall appear before the Divisional
Deputy Director of Education, Nagpur Division, Nagpur
on 5/2/2024 to enable for reconsideration of his
proposal.
(3) The petitioner shall at liberty to place before the
Divisional Deputy Director of Education, all relevant
documents. On the basis of which, the transfer of
concerned petitioner is sought to be approved.
(4) After granting an opportunity to the petitioner, a
fresh decision will be taken within a period of four
weeks from the date of appearance of the petitioner.
(5) The Writ Petition is disposed of accordingly. No
costs.
Rule is made absolute in the aforesaid terms.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
B.T.Khapekar
Signed by: Mr. B.T. Khapekar
Designation: PA To Honourable Judge
Date: 30/01/2024 17:46:50
