Mahadeo Bhagwan Kamble v. Education Officer (Secondary), Zilla Parishad, Washim And Another
2023:BHC-NAG:16043-DB 22-WP-7504-2023.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 7504/2023 Mahadeo Bhagwan Kamble vs.
Education Officer (Secondary), Zilla Parishad, Washim and another. ..........
Shri P. S. Patil, Advocate for petitioner through video conferencing. Shri Amit M. Madiwale, Assistant Government Pleader for respondent no.1. ..........
CORAM :- A.S.CHANDURKAR AND ABHAY J. MANTRI, JJ. DATE :- 3rd NOVEMBER, 2023 P. C.
Rule. Shri Amit Madiwale, learned Assistant Government Pleader waives service of notice for the respondent no.1. 2.
The petitioner came to be appointed on the post of 'Assistant Teacher' on 01.12.2012. His appointment was on unaided division of the School. The appointment of the petitioner was approved and he was subsequently transferred on 30.06.2022 to the aided division of the School. This exercise was done after following procedure prescribed by Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short, the said Rules). The proposal dated 13.08.2022 for grant of approval has however been rejected by the respondent no. 1 on 06.09.2023 principally for the reason that in view of Circular dated 01.12.2022 issued by the State Government the provisions of Rule 41A of the said Rules had been stayed.
3.
On hearing the learned counsel for the parties, we find that the aforesaid issue has been considered in Writ Petition No.8215 of 2022 (Friends Social Circle, Akola and others vs. The State of Maharashtra and another) and the Circular dated 01.12.2022 is permitted to operate in the manner that would not be in derogation of Rule 41A of the said Rules. On this premise therefore the rejection of the proposal for grant of approval on that ground does not appear to be justifiable. The proposal dated 13.08.2022 would therefore be required to be re-considered without giving
22-WP-7504-2023.odt 2 effect to the Circular dated 01.12.2022.
4.
For aforesaid reasons the following order is passed: (i) The communication dated 06.09.2023 issued by the Education Officer(Secondary), Zilla Parishad, Washim - respondent no1 is set aside.
(ii) The Education Officer (Secondary) shall re-consider the proposal dated 13.08.2022 and pass a fresh order without applying the provisions of the Circular dated 01.12.2022. Necessary decision in this regard be taken within a period of four weeks of receiving copy of this order.
(iii) The decision taken be communicated to the petitioners. 5.
Rule is made absolute in aforesaid terms with no order as to costs. (ABHAY J. MANTRI, J.) (A.S.CHANDURKAR, J.) Andurkar.