Sanjay Babarao Sanap And Another vs Education Officer (Secondary), Zilla ...
2025 Latest Caselaw 130 Bom

Bombay High Court

Sanjay Babarao Sanap And Another vs Education Officer (Secondary), Zilla ... on 5 May, 2025

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2025:BHC-NAG:4676-DB                                                        WP 7250 of 2024 - Judgment.odt
                                                                1

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           NAGPUR BENCH AT NAGPUR

                                            WRIT PETITION NO.7250/2024

                   PETITIONERS :             1. Sanjay Babarao Sanap
                                                Age - 37 Yrs., Occ. Service,
                                                R/o Weltura, Jaipur, Hingoli,
                                                Tq. & Dist. Hingoli.

                                           2.    Dnyaneshwar Secondary and Higher
                                                 Secondary School, Mandwa, through
                                                 its Headmaster, Office at Mandwa,
                                                 Tq. Risod, Dist. Washim.

                                                          ...VERSUS...

                   RESPONDENT :                   Education Officer (Secondary),
                                                  Zilla Parishad, Washim, Tq. & Dist. Wadhim.
                   ----------------------------------------------------------------------------------------------
                                           Mr. S.N,. Chikhale, Advocate for petitioners
                                           Mr. J.Y. Ghurde, AGP for respondent
                   ----------------------------------------------------------------------------------------------
                                                     CORAM : AVINASH G. GHAROTE AND
                                                                      ABHAY J. MANTRI, JJ.
                                                      DATE         : 05/05/2025

                   ORAL JUDGMENT :               (PER : AVINASH G. GHAROTE, J.)

1. Heard. Rule. Rule made returnable forthwith. Assistant

Government Pleader Mr. J.Y. Ghurde waives service of notice for the

respondent, on merits. Heard finally with the consent of the learned

counsels for the parties.

2. The petition questions the communication dated

05/02/2024 (pg.27) by which the proposal for transfer of the

petitioner No.1, from a non-grant to grant-in-aid section has been WP 7250 of 2024 - Judgment.odt

rejected on the ground that in terms of Circular, dated 01/12/2022

there is a stay.

3. The position in this regard has already been considered

by the learned Division Bench of this Court in Writ Petition

No.8215/2022 (Friends Social Circle, Akola and others Vs. State of

Maharashtra and others) decided on 21/07/2023, in which, it has

been held that the aforesaid Circular to the extent it stays the

operation of Rule 41 (A) of the Maharashtra Employees of Private

Schools (Conditions of Service) Rules, 1981 is set aside for want of

power with the respondent No.1.

4. That being the position, the ground for refusal of the

approval on this count would not survive. We, therefore, quash and

set aside the impugned communication dated 05/02/2024 and

direct the respondent to consider the proposal for approval, in case

there is no other impediment in law. The same shall be done within

a period of four weeks form today.

5. Rule is made absolute in the aforesaid terms. No order

as to costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

Wadkar

Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 05/05/2025 15:40:14