Savita Pralhad Bhosale Alias Savita Haribhau Jagtap v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:25318-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10775 OF 2025 Archana Ashokrao Kallam The State of Maharashtra And Others 984 WRIT PETITION NO. 10081 OF 2025 Khan Shabana Zaheer Khan 985 WRIT PETITION NO. 10082 OF 2025 Ashok Anil Madake 986 WRIT PETITION NO. 10085 OF 2025 Dattatray Damodhar Pawar 1 WRIT PETITION NO. 10088 OF 2025 Padma Ambadasrao Kalne 1/7

2 WRIT PETITION NO. 10090 OF 2025 Sonal Shivsamb Khankare 4 WRIT PETITION NO. 11405 OF 2025 Savita Pralhad Bhosale Alias Savita Haribhau Jagtap The State Of Maharashtra Through Its Principal Secretary And Others 990 WRIT PETITION NO. 11305 OF 2025 Amol Manohar Gaikwad The State Of Maharashtra Through Its Chief Secretary And Others 992 WRIT PETITION NO. 11324 OF 2025 Pathan Jafar Gafarkhan The State Of Maharashtra Through Its Chief Secretary And Others 993 WRIT PETITION NO. 11325 OF 2025 Priti Bhagwatrao Mete 1007 WRIT PETITION NO. 11361 OF 2025 2/7

Suwarnashilpa Baburao Bodke The State Of Maharashtra Through Its Chief Secretary And Others 1018 WRIT PETITION NO. 11375 OF 2025 Aniket Kisan Jagtap The State Of Maharashtra Through Its Chief Secretary And Others 1019 WRIT PETITION NO. 11376 OF 2025 Pramod Subhash Sake The State Of Maharashtra Through Its Chief Secretary And Others 1020 WRIT PETITION NO. 11377 OF 2025 Pallavi Devidas Umbare The State Of Maharashtra Through Its Chief Secretaryand Others 1023 WRIT PETITION NO. 11382 OF 2025 Sitaram Limbaji Choure The State Of Maharashtra Through Its Chief Secretary And Others 994 WRIT PETITION NO. 11328 OF 2025 Janjagruti Shikshan Prasarak Mandal Thr Its Secretary And Others 3/7

1021 WRIT PETITION NO. 11378 OF 2025 Jijamata Shikshan Sanstha Hatola Through Its Secretary And Others The State Of Maharashtra Through The Secretary And Another 1027 WRIT PETITION NO. 11390 OF 2025 Jijamata Shikshan Sanstha Hatola Through Its Secretary And Others The State Of Maharashtra Through The Secretary And Another 1028 WRIT PETITION NO. 11391 OF 2025 Netaji Subhashchandra Bose Shikshan Sanstha Thr Its Secretary And Others The State Of Maharashtra And Another 3 WRIT PETITION NO. 10103 OF 2025 Guruprasad Durgajirao Vishwasrao 5 WRIT PETITION NO. 11406 OF 2025 Madhuri Vyankatrao Vyavhare The State Of Maharashtra Through Its Principal Secretary And Others 4/7

• Mr. Tukaram M. Venjane, Advocate for the Petitioners in WP Nos. 10775/2025, 10081/2025, 10082/2025, 10085/2025, 10088/2025, 10090/2025, 11405/2025.

• Mr. Ramesh I. Wakade, Advocate for the Petitioners in WP Nos. 11305/2025, 11324/2025, 11325/2025, 11361/2025, 11375/2025, 11376/2025, 11377/2025, 11382/2025 • Mr. Manish P. Tripathi, Advocate for the Petitioner in WP Nos. 11328/2025, 11378/2025, 11390/2025, 11391/2025 • Mr. Kalyan V. Patil, Advocate for the Petitioners in WP Nos. 10103/2025, 11406/2025 • Mr. Suhas B. Ghute, Advocate for Respondent No. 5 in WP No. 11361/2025 • Ms. Yogita Thorat (Kshirsagar), Advoate for Respondent No. 3 in WP Nos. 11328/2025, 10103/2025 • Mr. A. B. Girase, Government Pleader, and Ms. Neha B. Kamble, Mr. V. M. Kagne, Mr. A. R. Kale, Ms. P. V. Diggikar, AGPs for Respondents-State Authorities in all WPs. CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 18.09.2025 PER COURT :

1.

The following writ petitions are taken on production board: Writ Petition Nos. 10088 / 2025, 10090 / 2025, 10103 / 2025, 11405 / 2025, 11406 / 2025.

2.

All these writ petitions are listed for the first time. Writ Petition No. 10775 of 2025 is not on board, but it is taken on board, as identical issue arises in the said petition also. 5/7

3.

The controversy in these petitions is limited and the learned counsel for the petitioners rely upon the earlier orders passed by this Court, wherein identical issue was raised with regard to the proposals for transfer of employees from un-aided posts to aided posts, as also partially aided posts to aided posts.

4.

In that light, we are of the opinion that all these petitions can be disposed of by issuing identical directions, so that the concerned authorities can take decision on the pending proposals pertaining to the petitioners, on their own merits and in the light of the directions issued by this Court in identical petitions.

5.

It is brought to our notice that when the identical issue was raised in one of such petitions, i.e. Mansi Arun Kelkar Vs. The State of Maharashtra and Others (Writ Petition No. 1021 of 2025), by an order dated 03.02.2025, a Division Bench of this Court disposed of the writ petition, directing that a proposal similar to that or the petitioners herein be decided within a stipulated period of time by the concerned authority. The operative portion of the said order reads as under:- "7.

The writ petition is allowed. Respondent No. 3 is directed to consider and decide the petitioner's proposal dated 31.07.2024 in accordance with Rule 41 and 41-A of the MEPS Rules, 1981, as expeditiously as possible and in any case within 4 weeks, without referring to the Government Resolutions dated 29.04.2024 and 03.10.2024."

6/7

6.

In the present petitions also the petitioners are seeking similar relief with regard to a decision on merits in respect of the proposals pertaining to them for transfer from un-aided to aided / partially aided to aided post / division as assistant teachers. 7.

Following the aforesaid dictum, we are inclined to allow all these petitions. Accordingly, the petitions are allowed by directing the respondents - Education Officers (Primary/Secondary), Deputy Director of Education, as the case may be, to decide the pending proposals of the petitioners in terms of the law laid down and the directions issued in the case of Mansi Arun Kelkar (supra), particularly, as per the operative direction contained in paragraph No. 7, quoted hereinabove. An endeavor shall be made to decide all such proposals within a period of six weeks from today. 8.

It is made clear that this Court has not expressed any opinion on the merits of the matters. Needless to say, the concerned authorities shall decide the pending proposals on their own merits. 9.

In view of the above, the Writ Petitions are disposed of. 10.

Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) 7/7