Balasaheb Eknath Ghorpade v. The State Of Maharashtra And Others

961-WP-7701-2025+group.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 961 WRIT PETITION NO. 7701 OF 2025 VISHVAS BHAUSAHEB WADAGE 962 WRIT PETITION NO. 7702 OF 2025 BAPUSAHEB SAKHAHARI PULATE 963 WRIT PETITION NO. 7703 OF 2025 SAGAR SHEKAR DIGHE 964 WRIT PETITION NO. 7704 OF 2025 VINOD SAHADU PALGHADMAL 968 WRIT PETITION NO. 7715 OF 2025 NARAYAN NANASAHEB GULVE

(( 2 )) 972 WRIT PETITION NO. 7723 OF 2025 ARJUN DHONDIBA TAGAD 975 WRIT PETITION NO. 7727 OF 2025 SHITAL DILIPRAO BHAWAR ALIAS SHITAL NITIN SHINDE 976 WRIT PETITION NO. 7728 OF 2025 SUNIL BHAGWAT DHANWATE 977 WRIT PETITION NO. 7729 OF 2025 ASHOK DASHARATH SALVE 978 WRIT PETITION NO. 7730 OF 2025 YOGESH BABASAHEB NIRMAL 979 WRIT PETITION NO. 7731 OF 2025 BHAUSAHEB ANNASAHEB THETE

(( 3 )) 980 WRIT PETITION NO. 7732 OF 2025 BALASAHEB EKNATH GHORPADE 981 WRIT PETITION NO. 7733 OF 2025 PRANJALI SANDIP GITE 982 WRIT PETITION NO. 7734 OF 2025 RAHUL BHAGWAT BRAHMANE 983 WRIT PETITION NO. 7735 OF 2025 VILAS BABAN TAMBE 987 WRIT PETITION NO. 7739 OF 2025 DADA NAMDEV GAIKWAD 997 WRIT PETITION NO. 7753 OF 2025 SHAILA KANIFNATH CHAUDHARI

(( 4 )) 998 WRIT PETITION NO. 7754 OF 2025 SWATI ANIL WAKCHOURE ALIAS SWATI KAPIL TAMAHANE 1000 WRIT PETITION NO. 7756 OF 2025 DILIP NAMDEV PHAD 1018 WRIT PETITION NO. 7810 OF 2025 SHAIKH ANJUM ABDUL KADAR ....

Mr. S. S. Thombre, Advocate for the Petitioners Mr. A. V. Hon, Advocate for Respondent Nos. 4 and 5 in all Petitions Mr. R. K. Ingole, Ms Neha B. Kamble, Mr. S. P. Sonpawale, Mr. V. M. Kagne AGPs for the Respondents - State in respective Petitions ....

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

DATE : 02.07.2025 PER COURT :- 1.

All these Writ Petitions can be disposed of conveniently by a common order as identical issues have been raised.

(( 5 )) 2.

The Petitioners are seeking appropriate directions to the Deputy Director of Education, to decide the proposals for their transfer from unaided post to aided post. Reliance is placed on the orders passed in earlier such Petitions including Writ Petition No.5628 of 2025 (Shetkari Shikshan Prasarak Mandal Vs. The State of Maharashtra and others). By an order dated 29.04.2025, this Court referred to Rules 41 and 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and allowed the said Writ Petition in the following terms:- "3. Though by the Government Resolution dated 29.04.2024 and subsequent Circular dated 03.10.

2024, the Government has directed all such proposals seeking approval to the transfer effected under aforementioned rules to be forwarded to the State Government for taking approval to the decision, in the matter of Friends Social Circle and Ors. Vs. State of Maharashtra and Ors.; 2023 (5) ALL MR 601 as followed by subsequent decision, the relevant clause from the Government Resolution dated 29.04.2024 has been held to be inconsistent with the aforementioned rules which empower the Deputy Directors of Education and Education Officer to take appropriate decision on such proposal, have quashed and set aside the clause and consistently the several benches have been directing the proposals for approval to be considered de hors the Government Resolution and the Circular.

4.

In the light of the above, the writ petition is allowed. The respondent No.3 - Education Officer (Secondary) shall consider all the proposals (Exhibit - D collectively) himself without

(( 6 )) referring to the Government Resolution dated 29.04.2024 and Circular dated 03.10.2024 on its own merits, as expeditiously as possible and in any case within six weeks under intimation to the Management."

3.

Since identical issues are raised in these Petitions and similar directions are sought, these Petitions are also allowed by directing the Deputy Director of Education, Pune, to consider the proposals of the Petitioners herein without referring to the Government Resolution 29.04.2024 and circular dated 03.10.2024, on its own merits, as expeditiously as possible and in any case within six weeks from today.

[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS