Supriya Bhaupatil Sahane v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:16510-DB 1 WP / 4084 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1031 WRIT PETITION NO. 4084 OF 2024 SUPRIYA BHAUPATIL SAHANE

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

Advocate for petitioner : Mr. Shivaji T. Shelke AGP for the respondent - State : Mrs. K.B.P. Bharaswadkar ...

CORAM

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

DATE : 01 AUGUST 2024 PC :

Heard.

2.

The petitioner is challenging the order passed by the respondent - Education Officer (Secondary) dated 06-09-2023, refusing to grant approval to her transfer from partially aided to aided division.

3.

The government has filed the reply inter alia submitting that in all such similar matters, the government has passed a resolution dated 29-04-2024, calling upon all such proposals for being considered by the government, on their own merits, unless there are orders of the Court.

2 WP / 4084 / 2024 4.

In the light of above, the impugned order is quashed and set aside.

5.

The Education Officer (Secondary) shall forward petitioner's proposal to the government in the light of the government resolution dated 29-04-2024, within two weeks. 6.

The decision shall be taken by the state government, as expeditiously as possible and in any case, within eight (8) weeks from receipt of the proposal from the Education Officer. 7.

All the issues are kept open. The petitioner and the management are at liberty to send whatever documents they intend to be considered in support of the proposal. Even if the authority which will be considering the proposal entertains some doubt or need some clarification or if notices some shortcomings, those shall be notified to the respondent - management for compliance. The proposal shall not be rejected merely by pointing deficiencies.

8.

Writ petition is disposed of.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/