Sevadal Shikshan Sanstha, Nagpur, Thr. President Sanjay K. Shende v. The State Of Maharashtra,Thr. Chief Secy., School Education And Sport Depatment, Mumbai And Another
2025:BHC-NAG:8917-DB 1 906-WP No.5192.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5192 OF 2025 Sevadal Shikshan Sanstha, Nagpur through its President Shri Sanjay Keshaorao Shende and others ..VS..
State of Maharashtra through its Chief Secretary, School Education & Sports Department, Mantralaya, Mumbai-400032 and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. Z. Jibhkate, Advocate for Petitioners. Ms. Kavita Bhondge, Assistant Government Pleader for Respondents. CORAM : SMT. M.S. JAWALKAR, AND RAJ D. WAKODE, JJ.
DATED : 10 th SEPTEMBER, 1.
Heard learned Counsel for the Petitioners.
2.
Mr. Kavita Bhondge, learned Assistant Government Pleader waives service of notice for respondent Nos.1 and 2. 3.
It appears that the Petitioners submitted a Proposal for absorption of the Petitioner Nos.2 to 5 from unaided school to aided school. They have completed five years of service.
4.
The Petitioners submitted a proposal to the Deputy Director of Education and an approval was granted vide order of Respondent No.2 dated 25/07/2019. Thereafter, the Petitioner No.1 School Committee decided to transfer
2 906-WP No.5192.2025 the Petitioner No.2 to 5 on sanctioned vacant post of 100% aided sections of their respective subjects. Accordingly, the Principal of Junior College issued the order of transfer of the Petitioner Nos.2 to 5 from non-grant sections to granted sections vide order dated 19/11/2022. The Petitioner Nos.2 to 5 joined their respective transfer post. The Principal forwarded the proposal for approval of transfer, however, it was not granted in view of the stay to the transfers. After stay is vacated, the Principal again submitted a fresh proposal. In the said proposal, Respondent No.2 - Deputy Director of Education directed to comply certain deficiencies which were also duly complied with. Inspite of this fact, till today, there is no decision taken by the Respondent No.2 on the proposal of transfer.
5.
It is contended by the learned Counsel for the Petitioners that as per provisions of law i.e. the Maharashtra Right to Public Services Act 2005, Rules 2013, it has to be decided within seven days. Thus, this Petition can be disposed of by directing the Respondent No.2 to decide the proposal within a period of two weeks submitted after due compliance as directed by the Deputy Director of Education. 6.
The learned Assistant Government Pleader to communicate this order to the Respondent No.2.
3 906-WP No.5192.2025 7.
The Writ Petition stands disposed of with the above directions.
8.
The authenticated copy of order be supplied to the learned Assistant Government Pleader.
(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak