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Bombay High CourtWP/14046/2019disposed offdismissed for default

Anjana Ganpatrao Waghmare v. The State Of Maharashtra Through Secretary And Others

2019-11-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Avinash G. Gharote5 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14039 OF 2019 SWATI ASHOK KHANAPURE WRIT PETITION NO. 14040 OF 2019 SACHIN ARVINDAPPA GIRWALKAR WRIT PETITION NO. 14041 OF 2019 VIKAS VINAYAKRAO BHINGOLE

2 wp 14039.19 WRIT PETITION NO. 14042 OF 2019 SANGMESHWAR VIJAYKUMAR CHOUDHARY WRIT PETITION NO. 14043 OF 2019 SHILPA VIJAYKUMAR KHANDARE WRIT PETITION NO. 14044 OF 2019 SWAPNA TULSHIDAS SALMOTE

3 wp 14039.19 WRIT PETITION NO. 14045 OF 2019 KEDAR RAMLING BURANDE WRIT PETITION NO. 14046 OF 2019 ANJANA GANPATRAO WAGHMARE WRIT PETITION NO. 14047 OF 2019 SACHIN RAVAN CHAVAN

4 wp 14039.19 WRIT PETITION NO. 14048 OF 2019 DAYANAND HARIRAM BANAPURE WRIT PETITION NO. 14049 OF 2019 MANISHA VITTHAL BHOSLE CORAM:S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATE: 20th NOVEMBER, 2019 PER COURT:

1.

The proposals seeking approval to the transfers of the petitioners from unaided to aided posts are rejected basically on the ground of Circular dated 28.06.2016.

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We have heard the learned counsel for the petitioners and the learned Additional Government Pleader.

3.

This Court in Writ Petition No. 1493 of 2018 with connected writ petitions under its judgment and order dated 04.07.2019 has observed that some of the clauses of Circular dated 28.06.2016 would not apply.

4.

However, the Education Officer is required to consider the seniority, the appointments of the petitioners as per the roster and the appointments of the petitioners being approved on unaided posts.

5.

In light of the above, the impugned orders are quashed and set aside. The Education Officer shall reconsider the proposals seeking approval to the transfers of the petitioners from unaided to aided in tune with judgment and order of this Court dated 04.07.2019 in Writ Petition No. 1493 of 2018 with connected writ petitions.

6.

Writ Petitions stand disposed of accordingly. No costs.

[AVINASH G. GHAROTE, J.] [S. V. GANGAPURWALA, J.] marathe