Bombay High Court
Mangaon Taluka Education Soc Thr Its ... vs The State Of Maharashtra Thr Its ... on 1 March, 2024
Author: M. M. Sathaye
Bench: Nitin Jamdar, M. M. Sathaye
2024:BHC-AS:10119-DB
27.wp.16078.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO. 16078 OF 2023
1. Mangaon Taluka Education Society
Through Its Chairman
2. N. M. Joshi Vidya Bhavan, Goregaon
3. Doshi Minal Mahesh ....Petitioners
Versus
The State Of Maharashtra & Anr ....Respondents
WITH
WRIT PETITION NO. 16082 OF 2023
1. Mangaon Taluka Education Society
Through Its Chairman
2. N. M. Joshi Vidya Bhavan, Goregaon
3. Kasarekar Yogesh Shankar ...Petitioners
Versus
The State Of Maharashtra & Anr ....Respondents
WITH
WRIT PETITION NO. 16084 OF 2023
1. Mangaon Taluka Education Society
Through Its Chairman
2. M. D. Tol Madhyamik Vidyalaya, Chimbhave
3. Pailkar Vinayak Ramchandra ...Petitioners
Versus
The State Of Maharashtra & Anr ...Respondents
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27.wp.16078.2023.doc
WITH
WRIT PETITION NO. 16089 OF 2023
1. Mangaon Taluka Education Society
Through Its Chairman
2. N. M. Joshi Vidya Bhavan, Goregaon
3. Kharade Nerendra Sadashiv ....Petitioners
Versus
The State Of Maharashtra & Anr. ...Respondents
WITH
WRIT PETITION NO. 16092 OF 2023
1. Mangaon Taluka Education Society
Through Its Chairman
2. M. D. Tol Madhyamik Vidyalaya, Chimbhave
3. Kamat Anuradha Manoj ....Petitioners
Versus
The State Of Maharashtra & Anr. ...Respondents
Mr. Vinod Sangvikar a/w. Ms. Nikita Bhosale, Mr. Yogesh Morbale, Mr.
Mr. Ram Karode for Petitioners
Ms Rupali Shinde, AGP for State-Respondent
CORAM : NITIN JAMDAR &
M. M. SATHAYE, JJ.
DATED : 1 MARCH, 2024
P.C.:
1. Heard learned Counsel for the Petitioners and learned AGP for the
Respondent-State.
2. These petitions are arising out of the impugned orders dated 25
27.wp.16078.2023.doc
October 2023 passed by the Respondent No. 2-Education Officer
(Secondary), Zilla Parishad, Raigad, rejecting the approvals to transfer of
Petitioner No. 3 - teachers from unaided to aided post, on the ground
that the operation of Rule 41A of the Maharashtra Employees of Private
Schools (Conditions of Service) Rules, 1981 (for short "Rules of 1981") is
stayed by the Government Circular dated 1 December 2022. In all these
matters, the Educational Institute is common and the teachers are from
two schools run by the said Institute
3. Inviting our attention to the judgment passed by the co-ordinate
Bench of this Court at Nagpur reported in 2023 SCC Online Bom 1503
(Friends Social Circle, Akola & Ors. vs. State of Maharashtra & Ors) in
Writ Petition No. 8215 of 2022 and other petitions dated 21 July 2023,
learned counsel for the Petitioners has submitted that the said
Government Circular dated 1 December 2022, to the extent it stays the
operation of Rule 41A of the Rules of 1981, is already set aside and
therefore the impugned orders are unsustainable.
4. Perused the impugned orders. The return of the proposals of the
Petitioner No. 3 - teachers is solely based on the Government Circular
dated 1 December 2022. Perusal of the aforesaid judgment in the matter
of Friends Social Circle (Supra) shows that the Government Circular
dated 1 December 2022 is indeed already set aside to the extent it stays
the operation of Rule 41A of Rules of 1981. The said decision has been
followed by this Court in the subsequent Writ Petition No. 7272 of
27.wp.16078.2023.doc
2023, Writ Petition No. 6030 of 2023 and other petitions
5. In that view of the matter, we dispose of all the above Writ
Petitions by following order :
(a) Impugned orders dated 25 October 2023 are quashed and set
aside and proposals of the Petitioner No. 3 teachers are restored.
(b) We direct that if there are any other grounds on which the
Respondent No. 2-Education Officer intends to return or reject the
proposals of the Petitioner No. 3-teachers, he is directed to
communicate the same to the Petitioners within a period of 3
weeks from today. The Petitioners shall thereafter submit their
explanation to the proposed grounds alongwith supporting
materials including the Government Resolution, case laws, orders
of this Court etc., if relied upon. The Respondent No. 2-Education
Officer is directed to decide the proposals of the Petitioner
No. 3-teachers thereafter within a period of 8 weeks by dealing
with the explanation given by the Petitioners and also dealing with
the case laws, orders of this Court by passing a reasoned order,
subject to other time bound directions.
(c) We have not expressed any opinion on the Petitioners'
proposals and same shall be decided on its own merits and in
accordance with law. The proposals will not be rejected on the
ground of Government Circular dated 1 December 2022. Needless
27.wp.16078.2023.doc
to mention that if the Respondent-Education Officer proceeds to
grant the Petitioners' proposals as prayed, the consequential
benefits will follow and in that case the aforesaid
procedures/directions will not apply.
6. The Writ Petitions are disposed of in above terms.
(M. M. SATHAYE, J.) (NITIN JAMDAR, J.)
