Sachin Shirish Bhoite And ANR v. The State Of Maharashtra Thr The Secretary School Education Dept. And ANR

Digitally signed by ANANT KRISHNA NAIK Date:

2024.08.01 16:47:43 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4537 OF 2024 Sachin Shirish Bhoite And Anr

...Petitioners

Versus

The State Of Maharashtra And Anr

...Respondents

Mr Narendra V. Bandiwadekar, Senior Advocate a/w. Mr. Vinayak R. Kumbhar, Mr. Rajendra Khaire, Mr. Aniket Phapale i/b. Ms Ashwini Bandiwadekar for the Petitioners.

Mr. B. V. Samant, Addl GP a/w. Ms Tejas Kapre, AGP for the Respondent Nos. 1 & 2-State CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 31 JULY 2024 P.C.:

.

Heard learned counsel for the Petitioners and learned AGP for Respondent Nos. 1 and 2.

2.

Petitioner No. 1 employee working with Petitioner No. 2 Education Institute are jointly challenging the order dated 31 August 2023 passed by Respondent No.2- Deputy Director of Education, Kolhapur Region, Kolhapur. By the said impugned order, the Education Authority has rejected the approval for transfer of Petitioner No. 1 from partially-aided to aided division on the ground of stay granted under 1/3

Government Circular dated 1 December 2022.

3.

The learned counsel for the Petitioners has relied upon the judgment of Friends Social Circle, Akola & Ors. v/s State of Maharashtra1 to contend that the impugned Order is unsustainable. Learned AGP was at pains to justify the impugned Order but could not distinguish the facts of this case from the said Judgment relied.

4.

Perusal of the impugned order shows that the only ground on which the proposal is rejected is the Government Circular dated 1 December 2022.

5.

In the Judgment of Friends Social Circle, Akola (supra), this Court has clearly held that Rule 41A of the Maharashtra Employees Of Private Schools (Conditions Of Service) Rules, 1981 cannot be stayed by issuance of Government Circular and has set side the said Government Circular to the extent it stays operation and Rule 41A. Indeed this view has been consistently followed thereafter in number of decisions of this Court. In light thereof, the impugned order cannot be sustained. 6.

The impugned order is accordingly quashed and set aside. The proposal of the Petitioner is restored to file. Respondent Education Authority is directed to send the proposal of Petitioner within a period of three weeks from today, to the appropriate authority as per Government Resolution dated 29 April 2024 for decision in accordance with law. If 2023 SCC OnLine Bom 1503 2/3

the concerned Authority proceeds to grant proposal as prayed, consequent benefits will follow.

7.

We have not expressed any opinion on the Petitioners' proposal and the same shall be decided on its own merits in accordance with law. 8.

Writ Petition is disposed of in the above terms. No costs. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) 3/3