Sambhaji Ananda Daware v. The State Of Maharashtra And Others

2025:BHC-AUG:16898-DB 1 962 WP 7623-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 WRIT PETITION NO. 7623 OF 2025 SAMBHAJI ANANDA DAWARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Vitthal H. Dighe - Advocate for Petitioner Ms. Saie S. Joshi - AGP for Respondents, State ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 01.07.2025 PER COURT :

1.

Learned Counsel for petitioner submits that, the petitioner is merely seeking a direction to the Education Officer (Secondary) for considering the proposal forwarded by the management dated 30.12.2024 (Exhibit - 'D') for grant of approval to his transfer from unaided post to aided post.

2.

Since it is a matter of grant of approval to the order of transfer effected in purported exercise of Rule 41 and 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, in the light of the gloss put up by several benches of this Court in the particular clause of the Government Resolution dated 29.04.2024 and subsequent circular dated 03.10.2024, the writ petition is disposed of directing

2 962 WP 7623-2025.odt respondent No. 2 - the Education Officer (Secondary), Zilla Parishad, Ahilyanagar, to consider the proposal (Exhibit - 'D') and take appropriate decision himself, without resorting to and referring to the aforementioned Government Resolution and the circular, as expeditiously as possible, and in any case within four weeks. [ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] Pooja Kale/