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Bombay High CourtWP/1555/2024disposed off

Sahyadri Shikshan Prasarak Mandal Dhamod Thr. President And ORS v. The State Of Maha. Thr. Sec. School Education And Sports And ORS

2024-03-01Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice Nitin Jamdar1 pages

skn 1 33-WP-1555.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 1555 OF 2024 Sahyadri Shikshan Prasarak Mandal and others. ... Petitioners.

V/s.

The State of Maharashtra and others.

...

Respondents.

Mr.Prashant Bhavake for the Petitioners.

Ms.T.J.Kapre, AGP for the Respondent- State.

CORAM :

NITIN JAMDAR, AND M.M. SATHAYE, JJ.

DATE :

1 March 2024.

P.C. :

The learned counsel for the Petitioners submits that the impugned order is based, though not specifically stated, on the Government Resolution dated 1 April 2021 which does not refer to the post of the head of the school for the purposes of the transfer SANJAY KASHINATH NANOSKAR from partially aided school to 100% aided school. According to the SANJAY KASHINATH NANOSKAR Date: 2024.03.04 15:06:20 +0530 learned counsel for the Petitioner, the post of head is, however, included in Rule 41-A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 read with definition of the Teacher under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Learned AGP seeks time to take instructions and file an affidavit on the above issue. Stand over to 3 April 2024.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)