Bhagirathi Jivandhara Pratishthan Lahanewadi Through Its Secretary And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:14951-DB 969.WP.3086.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3086 OF 2024 1.

Bhagirathi Jivandhara Pratishthan, Lahanewadi, Tq. Renapur, Dist. Latur through its Secretary 2.

The Headmaster, Eklavya Bal Vidya Mandir, Jintur, Tq. Jintur, Dist. Parbhani 3.

Ravi s/o Vasantrao Mate ...

PETITIONERS

VERSUS

1.

The State of Maharashtra, through the Secretary, School Education Department, Mantralaya, Mumbai.

2.

Regional Deputy Director of Education, Aurangabad Region, Aurangabad 3.

The Education Officer (Secondary) Zilla Parishad, Parbhani ...

RESPONDENTS ...

Advocate for the Petitioner : Mr. Tripathi Manish Purushottam AGP for Respondents: Mrs. K.B. Patil - Bharaswadkar ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 19.07.2024 PER COURT:

We have heard both the sides.

2.

The petitioners had forwarded the proposal for grant of approval to the transfer of petitioner No.3 purportedly under Rule 41A of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

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969.WP.3086.24.odt 3.

Since the impugned decision is after 01.01.2024, in the light of the fora created and the remedy available under Government Resolution dated 27.03.2024, we dispose of the writ petition granting liberty to the petitioners to resort to the appropriate remedy under the Government Resolution. If the Appeal/Application is preferred within three weeks the authority shall not refuse to consider the appeal or application on the ground of limitation prescribed in that Government Resolution.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2