Bilal Ahmed Khan Aliyar Khan v. The State Of Maharashtra Through Its Secretary And Others

933.WP-7134-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7134 OF 2023 BILAL AHMED KHAN ALIYAR KHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Syed G R AGP for Respondent Nos. 1 to 3 : Mr. A.S. Shinde Advocate for Respondent No.4 : Mr. S.R. Yadav ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 28 JUNE 2023.

PER COURT :

.

Heard.

1.

The petitioner is seeking approval to his transfer from unaided division to aided division. The proposal has been turned down by the respondent no.4/Education Officer (Primary), Zilla Parished, Parbhani, by the impugned communication only on the ground of issuance of circular dated 01.12.2022.

2.

Admittedly, the circular dated 01.12.2022 was issued by directing

933.WP-7134-2023.doc stay to the operation of Rule-14(1)(a) of the Maharashtra Employees Private Schools (Conditions of Service) Rules, 1981. 3.

In view of the order dated 21.12.2022 passed by this Court at Nagpur Bench in the case of Friends Social Circle, Akola and Others Vs. State of Maharashtra and Anr. in Writ Petition No.8215/2022 and in the light of the consistent view being taken by this Court, since operation of circular dated 01.12.2022 has been stayed to the extent it is in derogation of Rule 41A of the M.E.P.S. Rules, we allow the writ petition partly and quash and set aside the impugned communication/order. 4.

The respondent no.4 shall take fresh decision on its own merits on the petitioner'

s proposal however, it shall not be rejected for the reasons mentioned in the impugned order.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb.