← Library
Bombay High CourtWP/1152/2021disposed off

Rajiv Venkatrao Belkune v. The State Of Maharashtra And Others

2021-01-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 918-WP-1152-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1152 OF 2021 Rajiv s/o Venkatrao Belkune

...Petitioner

Versus

The State of Maharashtra and ors.

...Respondents

Mr V.P. Savant, Advocate for Petitioner Mr K.S. Patil, A.G.P. for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 21st JANUARY, 2021 PER COURT :

1.

The proposal seeking approval to the transfer of the petitioner from unaided to aided is rejected.

2.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader.

3.

The proposal is basically rejected on the basis of circular dated 28.06.2016.

4.

We have under our judgment and order dated 04.07.2019 in Writ Petition No. 1493 of 2018 with connected writ petitions held that some of the clauses of circular dated 28.06.2016 would not apply and are improper.

2 918-WP-1152-2021 5.

In the light of that, 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 and in tune with the judgment dated 04.07.2019 in Writ Petition No. 1493 of 2018 with connected writ petitions. The same shall be decided within six (06) months.

6.

Writ Petition accordingly stands disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta