Datta Shivajirao Mane And Another v. The State Of Maharashtra And Others

1 974-WP-13055-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13055 OF 2019 DATTA SHIVAJIRAO MANE AND ANOTHER ...PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr. V.S. Panpatte, Advocate for Petitioners Mr. S.B. Narwade, AGP for Respondents-State CORAM : S. V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 17th OCTOBER, 2019 ORAL ORDER:

1.

The proposal seeking approval to the transfer of the petitioners from unaided to aided post is rejected on the ground of circular dated 28.06.2016.

2.

We have heard the learned Counsel for the petitioners and the learned Assistant Government Pleader.

3.

We have in our judgment dated 4th July, 2019 in writ petition No. 1493 of 2018 with connected writ petitions held that, some of the clauses of circular dated 28.06.2016 shall not apply.

2 974-WP-13055-2019 4.

In view of that, the impugned order is quashed and set aside. The Education Officer shall reconsider the proposal within a period of four months seeking approval to the transfer of the petitioners from unaided to aided post in tune with the judgment delivered by this Court in writ petition No. 1493 of 2018 dated 4th July, 2019.

5.

The writ petition is disposed of. No costs.

[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta