Priyanka Babasaheb Mhaske v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:22420-DB 11-WP-7932-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 11 WRIT PETITION NO. 7932 OF 2025 PRIYANKA BABASAHEB MHASKE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. P. R. Nangare, Advocate for the Applicant Mr. A. B. Girase, Government Pleader for Respondent Nos. 1 to 3 Mr. Joslyn Menezes, Advocate for Respondent Nos. 4 and 5 ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 18.08.2025 PER COURT :- 1.

In this Petition, on 17.07.2025, this Court issued notice. The principal relief sought in the present Petition is a direction to the Respondents, particularly Respondent No.4 to consider the claim of the Petitioner for transfer from non-aided establishment to fully aided establishment by invoking Section 41A of the Maharashtra Employees of Private School (Conditions of Service) Rules, 1981.

2.

When the Petition is called out today, Mr. Joslyn Menezes, the learned counsel submits that he has instructions to

(( 2 )) 11-WP-7932-2025 appear on behalf of Respondent Nos.4 and 5. He submits that Vakalanatma would be filed in the office. At this stage, the learned counsel for the Petitioner has tendered a short affidavit along with documents, which shows that Respondent No.4 has already passed an order on 04.08.2025, transferring the Petitioner from unaided post to fully aided post. This indicates that the relief sought in the present Petition no longer survives and that it can be disposed of as such. 3.

The short affidavit tendered on behalf of the Petitioner is taken on record and the Writ Petition is disposed of in view of the above submissions.

4.

Needless to say, a proposal shall be forwarded in the light of the said order dated 04.08.2025, passed by Respondent No.4, and consequential steps shall be taken, expeditiously. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS