Atkare Rahul Jalinder v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 WRIT PETITION NO.10663 OF 2023 ATKARE RAHUL JALINDER

VERSUS

THE STATE OF MAHARASHTRA THROUGH IT'

S PRINCIPAL SECRETARY AND OTHERS Mr.S.V.Deshmukh, Advocate for the Petitioner. Mr.V.M.Kagne, AGP for the Respondent/State.

Mr.P.D.Suryawanshi, Advocate for the Respondent/Zilla Parishad, Beed. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : AUGUST 28, 2023 PER COURT :

1.

The learned Advocate on the panel of Zilla Parishad was requested by us to cause an appearance since a short issue is involved. He, therefore, caused his appearance.

2.

We have heard the learned Advocates for the respective sides.

3.

The circular dated 01.12.2022 staying the effect of Rule 41A of the MEPS Rules, 1981 was stayed by this Court at the Nagpur khs/August 2023/10663

- 2 - Bench in WP No.8215/2022, on 21.12.2022. Subsequently, vide judgment dated 21.07.2023, in Friends Social Circle and Others Vs. State of Maharashtra and another [2023 SCC Online Bom.1503], that petition is allowed and the said circular dated 01.12.2022 is quashed and set aside. In view of the above, the impugned order dated 10.08.2023 which is on the presumption that the circular is in operation, would not survive.

4.

Therefore, this petition is allowed. The impugned order is quashed and set aside.

We place the proposal of the Petitioner for transfer and approval from the partially aided establishment to the fully aided establishment, before the Education Officer (Primary). He would follow Rule 41-A and consider the proposal afresh and pass a reasoned order within 45 days from today.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/August 2023/10663