Aruna Harischandra Kande v. The State Of Maharashtra Through Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13547 OF 2019 Aruna Harishchandra Kande Petitioner

Versus

The State of Maharashtra & others Respondents Mr. D.S. Mali, advocate for the petitioner.

Mrs. G.L. Deshpande, AGP for Respondents No. 1 to 3.. CORAM : S.V.GANGAPURWALA & AVINASH G. GHAROTE,J J.

DATE : 07th November, 2019 PER COURT:

The proposal seeking approval to the transfer of the petitioner from unaided to aided division is rejected basically on the ground that surplus teachers are available and that as per the Government Resolution dated 28.06.2016 if surplus teachers are available, then approval shall not be granted to the transfer of teachers from unaided to aided division.

We have heard learned Counsel for the petitioner and learned AGP for respondents.

The Education Ofcer, it appears that, wrongly referred to the document dated 28.06.2016 as a Government

{2} wp13547.odt Resolution, in fact, it is a circular. This Court, in Writ Petition No.1493 of 2018 with connected writ petitions, vide judgment dated 04.07.2019, has held that some of the clauses of the circular dated 28.06.2016 do not apply.

In the light of that, the impugned order is quashed and set aside. The Education Ofcer shall decide the proposal seeking approval to the transfer of the petitioner from unaided to aided division afresh on its own merits in tune with judgment dated 04.07.2019 in Writ Petition No.1493 of 2018 with connected matters.

Writ Petition is accordingly disposed of. No costs. AVINASH G. GHAROTE S.V.GANGAPURWALA JUDGE JUDGE adb/