Nawale Sunil Eknath v. The State Of Maharashtra Through The Principal Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
84 WRIT PETITION NO.4618 OF 2023 SUNITA ASHOK KHURPE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioner : Mr. Shivaji T. Shelke. AGP for Respondent/State : Mr. S. K. Tambe.
Advocate for Respondent Nos.3 & 4 : Mr. S. S. Wagh. ...
AND 87 WRIT PETITION NO.4621 OF 2023 ANIL BHIVSEN GHODECHOR
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioner : Mr. A. S. Jadhav.
AGP for Respondent/State : Mr. P. S. Patil.
...
AND 89 WRIT PETITION NO.4623 OF 2023 SANTOSH VISHNU DANDAGE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioners : Mr. A. S. Jadhav.
AGP for Respondent/State : Mr. V. M. Kagne.
...
AND 103 WRIT PETITION NO.4640 OF 2023 NAWALE SUNIL EKNATH
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS
...
Advocate for Petitioner : Mr. Shivaji T. Shelke. AGP for Respondent/State : Mr. S. G. Karlekar. Advocate for Respondent Nos.3 & 4 : Mr. S. S. Wagh. ...
AND 116 WRIT PETITION NO.4657 OF 2023 DAKE DATTATRAYA JAGANANATH
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioner : Mr. Shivaji T. Shelke. AGP for Respondent/State : Mr. S. K. Tambe.
Advocate for Respondent Nos.3 & 4 : Mr. S. S. Wagh. ...
AND 135 WRIT PETITION NO.4701 OF 2023 BORHADE KAILAS NIVRUTTI
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY AND OTHERS ...
Advocate for Petitioner : Mr. Shivaji T. Shelke. AGP for Respondent/State : Mr. P. S. Patil.
Advocate for Respondent Nos.3 & 4 : Mr. S. S. Wagh. ...
CORAM :
RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :
25th April, 2023.
Per Court:
1.
All these Petitioners are identically placed. Their proposals for transfer from the unaided establishment to the aided establishment, are pending with the Education Officer (Secondary) /
Deputy Director of Education. For ready reference, the Writ Petition numbers, names of the Petitioners and service details, are set out in the chart, which is taken on record and marked as 'X' for identification. The said chart is reproduced hereunder:- Sr.
No.
Writ Petition Name of Petitioners Date of appointment Approval No. of service on Date of transfer on Date of proposal to No.
date on unaided on unaided unaided aided post Education post post post officer WP No.
4618/2023 Smt. Sunita W/o. Ashok Khurpe 01.10.2003 16.05.2007 17 years 14.06.2020 14.09.2021 & 29.06.2022 WP No.
4621/2023 Anil Bhivsen Ghodechor 01.07.2013 10.11.2015 09 years 24.11.2022 24.11.2022 WP No.
4623/2023 Santosh Vishnu Dandage 16.06.2015 12.11.2018 7 years 01.12.2021 27.12.2021 WP No.
4640/2023 Nawale Sunil Eknath 13.06.2002 03.01.2007 17 years 15.06.2019 20.09.2021, 20.07.2022 & 06.03.2023 WP No.
4657/2023 Dake Dattatraya Jagananath 13.06.2000 03.01.2007 21 years 01.10.2021 20.10.2021 & 06.03.2023 WP No.
4701/2023 Borhade Kailas Nivrutti 13.06.2000 03.01.2007 21 years 11.01.2019 13.10.2022 & 06.03.2023 2.
In view of the above and since the proposals of these Petitioners are pending, these Petitions are disposed off with the following directions:- A) Respondent No.2 (Education Officer (Secondary) / Deputy Director of Education), shall consider the pending proposals of these Petitioners, seeking transfer from the unaided establishment to the aided establishment. Since the circular dated 1st December,
2022 issued by the School Education Department, staying the operation of Rule 41A of the MEPS Rules, 1981, has been stayed by the order of this Court at Nagpur vide order dated 21st December, 2022 in Writ Petition No.8215 of 2022 (Friends Social Circle, Akola through its Secretary and others Vs. The State of Maharashtra and another), the proposals shall be decided by considering the relevant provisions of law, Policies and the Government Resolutions, as well as Rule 41A of the MEPS Rules, 1981.
B) Let such decision be arrived at within 60 days from today.
[ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga