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Bombay High CourtWP/11075/2023disposed off

Khaja Abdul Matin Khaja Abdul Rehman v. The State Of Maharashtra Through Principal Secretary And Others

2023-09-06Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

937wp11075-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO.11075 OF 2023 KHAJA ABDUL MATIN KHAJA ABDUL REHMAN

VERSUS

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

Advocate for Petitioner : Mrs. Anjali Dube AGP for Respondents State : Mr. V. M. Kagne

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 6th September, 2023 ORDER:

1.

The Petitioner'

s grievance is that the proposal dated 06.09.2022 forwarded by the Headmaster of the School to the Education Officer, seeking approval to the transfer of the Petitioner from the unaided to the aided establishment, is pending. 2.

Since the issue of Rule 41-A of the Maharashtra Employees of Private School Rules, 1981 is now settled by the Nagpur Bench of this Court vide judgment dated 21.07.2023, in Writ Petition No.8215/2022, Friends Social Circle and Others Vs. State of Maharashtra and another [2023 SCC Online Bom.1503], there is no impediment for Respondent No. 3 Education Officer (Secondary) in deciding the proposal of the Petitioner.

937wp11075-23 3.

In view of the above, this Petition is disposed off. Respondent No.3 shall deal with the proposal and arrive at a decision within 30 days from today.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan