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Bombay High CourtWP/5632/2020disposed offdismissed for default

Chirkhe Balasaheb Subhashrao v. The State Of Maharashtra And Others

2020-07-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION St.NO.12488 OF 2020 Chirkhe Balasaheb Subhashrao Petitioner versus The State of Maharashtra and others Respondents ...

Mr. S.V. Deshmukh advocate for the petitioner Mr. V.S. Choudhari, AGP for State.

...

CORAM: S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ Date: JULY 30TH, 2020 ...

PER COURT :- The proposal seeking approval to the transfer of the petitioner from unaided post to aided post is rejected. The same is rejected basically on the basis of Circular dated 28.06.2016. We have heard the learned counsel for the petitioner and the learned AGP.

This Court, under its judgment and order dated 04.07.2019 delivered in Writ petition No.1493 of 2018 with connected Writ petitions, has held that some of the clauses of the Circular dated 28.06.2016 do not apply. It appears that the said Judgment has not been considered by the Authority while

{2} wp 25 12488.20.odt passing the impugned order.

4.

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

The Education Officer shall decide the proposal seeking approval to the transfer of the petitioner from unaided to aided post afresh in tune with the judgment dated 04.07.2019 delivered by this Court in Writ Petition No.1493 of 2018 with connected Writ Petitions. The same shall be decided expeditiously and preferably within a period of four months. The Writ petition is disposed of No costs.

(SHRIKANT D. KULKARNI, J) ( S. V. GANGAPURWALA, J. ) vbd