Shri Bhavbhuti Shikshan Sanstha, ... vs State Of Maha., Thr. Secy., Dept. Of ...
2024 Latest Caselaw 25838 Bom

Bombay High Court

Shri Bhavbhuti Shikshan Sanstha, ... vs State Of Maha., Thr. Secy., Dept. Of ... on 18 September, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

2024:BHC-NAG:10447-DB


                                               (1)                    1809wp4014.2024

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR
                               WRIT PETITION NO. 4014/2024

        1.    Shri Bhavbhuti Shikshan Sanstha,
              Amgaon, Tah. Amgaon, Dist. Gondia
              through its Secretary, Shri Keshaorao
              Laxmanrao Mankar

        2.    Ramkrishna Vidyalaya and Junior College,
              Kurhadi, Tah. Amgaon,
              Dist. Gondia, through its Principal.

        3.    Ravindra Vidyalaya and Junior College,
              Chopa, Tah. Goregaon,
              Dist. Gondia, through its Principal.

        4.    Ku. Prachi Nikunj Tiwari,
              Aged 34 years, Occupation-Service,
              R/o C/o Ramkrishna Vidyalaya and
              Junior College, Kurhadi, Tah. Amgaon,
              Dist. Gondia.

        5.    Ku. Snehanisha Shantilal Chaudhary,
              Aged -39 years, Occupation-Service,
              R/o C/o. Ravindra Vidyalaya and
              Junior College, Chopa, Tah-Goregaon,
              Dist. Gondia                                        ...    Petitioners.

                    Versus

        1.    State of Maharashtra.
              through its Secretary,
              Department of Education and Sport,
              Mantralaya, Mumbai-32.

        2.    Deputy Director of Education,
              Nagpur Division, Nagpur.                           ... Respondents.
                                        ...

              Mr. P. N. Shende, Advocate for petitioners.
              Mr. S.M.Ghodeswar, A.G.P. for respondent nos.1 and 2.
                                       ...
                                           (2)                     1809wp4014.2024



                CORAM :      NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
                DATED :      18/09/2024


ORAL JUDGMENT (Per Nitin W. Sambre, J)

1. Rule. Rule made returnable forthwith. Heard finally with consent of

the parties.

2. The petitioners are assailing the order dated 20.12.2023 passed by

the respondent 2-Deputy Director of Education, Nagpur Division, Nagpur,

whereby approval to the transfer of petitioner nos. 4 and 5 from unaided school

to aided school of the same management is refused.

3. Perusal of the order impugned reveals that the reason stated is ban

on new recruitment and on transfers from aided to unaided sections/schools.

4. It appears that the order is passed in view of the policy decision of

the State Government to stay the effect and operation of Rule 41A of the

Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

5. The policy decision is already stayed by the Aurangabad Bench of

the High Court.

6. We, therefore, quash the communication impugned.

(3) 1809wp4014.2024

7. The matter is remitted to the respondent 2-Deputy Director of

Education, Nagpur Division, Nagpur, for fresh decision after hearing the

petitioners.

8. Needless to observe, the respondent 2-Deputy Director of Education,

Nagpur Division, Nagpur, shall give due consideration to the stay granted by the

Aurangabad Bench of the High Court and further, detailed reasons shall be

clearly recorded.

9. The petitioners shall appear before the respondent no.2 - Deputy

Director of Education, Nagpur Division, Nagpur on 8th October, 2024.

10. The decision shall be taken within three weeks from the date of

appearance of the petitioners.

11. The petition is allowed in the aforesaid terms.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)

ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 19/09/2024 15:32:39