Nagnath Harishchandra Chavan v. The State Of Maharashtra And Others

21 wp13676-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO.13676 OF 2018 NAGNATH HARISHCHANDRA CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Panpatte V.S.

AGP for Respondents: S.B.Yawalkar Adv. Patil Jayant R. For R No. 3 & 4 ----- CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 08/08/2019 PER COURT :

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

2] The learned counsel for the petitioner submits that the petitioner was appointed on unaided post on 21.06.2015. His appointment on unaided post is approved by the Education Officer. He was transferred to the aided post on 01.07.2018 after completion of three years. He is the senior most amongst the unaided candidates and the appointment is also as per roaster.

3] We have heard learned A.G.P. also.

4] We have considered the issue of circular dated 28.06.2016 under judgment dated 04.07.2019 passed in Writ Petition No. 1493 of 2018 with connected Writ Petitions and held that all the

21 wp13676-18 clauses of the circular dated 28.06.2016 would not apply. 5] Considering the above, impugned order is quashed and set aside. The Education Officer shall consider the proposal seeking approval to the transfer of the petitioner from unaided to aided post on its own merits and in tune with the judgment dated 04.07.2019 in Writ Petition No. 1493 of 2018 with connected Writ Petitions. 6] Writ Petition is disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/