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Bombay High CourtWP/14817/2021disposed off

Shetkari Shikshan Prasarak Mandal Asthi Thr Its Secretary Bhimrao Anandrao Dhonde v. The State Of Maharashtra And Another

2022-10-06Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Sandeep V. Marne3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14816 OF 2021 Shetkari Shikshan Prasarak Mandal Ashti Through its Secretary Bhimrao Anandrao Dhonde .. Petitioner

Versus

The State of Maharashtra and another .. Respondents AND WRIT PETITION NO. 14817 OF 2021 Shetkari Shikshan Prasarak Mandal Ashti Through its Secretary Bhimrao Anandrao Dhonde .. Petitioner

Versus

The State of Maharashtra and another .. Respondents AND WRIT PETITION NO. 14818 OF 2021 Shetkari Shikshan Prasarak Mandal Ashti Through its Secretary Bhimrao Anandrao Dhonde .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri S. S. Thombre, Advocate for the Petitioner in all matters. Mrs. V. N. Jadhav Patil, A.G.P. for the Respondent Nos. 1 and 2 in all matters.

2 wp 14816.21 CORAM :

MANGESH S. PATIL AND SANDEEP V. MARNE, JJ.

DATE :

06.10.2022.

FINAL ORDER :

.

Heard both sides finally. All these petitions raise a common issue regarding refusal to grant approval to transfers of the employees of the petitioners' under Rule 41 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981 (for short MEPS Rules) from unaided division to the aided divisions.

2.

The learned A. G. P. submit that the earlier decisions were taken by taking into account the availability of surplus teachers at that time and there is likelihood of some posts being available now. She submits that the Education Officer would consider it if the petitioners approach him.

3.

Taking into account the fact that these petitions have been filed post insertion of Rule 41A in the MEPS Rules, which according to us comes out with various reasons and grounds to be considered by the Education Officer while granting approval to the transfers, it would be appropriate that the petitioners are relegated before the Education Officer and the latter is directed to consider it by taking into consideration all the aspects. 4.

We therefore, dispose of the writ petitions by directing the petitioners to approach the Education Officer, whereupon the

3 wp 14816.21 Education Officer (Secondary) shall consider their proposals afresh within a period of eight (08) weeks from today. [SANDEEP V. MARNE, J.] [MANGESH S. PATIL, J.] bsb/Oct. 22