Ashoka Shikshan Sanstha And ORS v. The State Of Maharashtra Through The Secretary And ORS
.. 1 .. 911, 502 & 503 WP-19017-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION (SR.NO.911) WRIT PETITION NO. 19017 OF 2024 by HUSENBASHA RAHAMAN NADAF Date:
2025.06.16 10:40:20 +0530 HUSENBASHA RAHAMAN NADAF Ashoka Shikshan Sanstha And Ors ... Petitioners
Versus
The State of Maharashtra and Ors.
... Respondents AND (SR.NO.502) WRIT PETITION NO. 19207 OF 2024 Vaishali Pratap Shinde (Nee: Vaishali Mahadev Thorat) ... Petitioner
Versus
The State of Maharashtra and Ors.
... Respondents AND (SR.NO.503) WRIT PETITION NO. 7453 OF 2025 Shital Suhas Sathe (Nee: Shital Shankarao Nimbalkar) ... Petitioner
Versus
The State of Maharashtra and Ors.
... Respondents **** Mr. Prashant Bhavake, Advocate for Petitioners in all petitions. Ms.Nisha Mehra, AGP for Respondent/State in WP/19017/2024. Mr. V.M. Mali, AGP for Respondent/State in WP/19207/2024. Mr. V.M. Mali, AGP for Respondent Nos.1 to 5 in WP/7453/2025.
**** CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.
DATE : 12th JUNE, 2025 P.C.:
1.
Writ Petition No.19207 of 2024 and Writ Petition No.7453 of 2025, are not on board. Mentioned. Taken on board
.. 2 .. 911, 502 & 503 WP-19017-2024.odt by the consent of the parties.
2.
The proposals for seeking approval to the transfer of these Petitioners from the unaided establishment to the aided establishment, are pending with Respondent No.5. 3.
As such, the proposals will have to be scrutinized by Respondent No.5 and then will have to be submitted to Respondent No.4, for a final decision.
4.
Insofar as the stand of the State Government that the Government Resolution dated 29th April, 2024 and the Government Circular dated 3rd October, 2024 would vest power in the State Government / Committee to decide a pending proposal under Rule 41-A of the Maharashtra Employees Of Private Schools (Conditions of Service) Rules, 1981, we find that the said stand is now clearly watered down by this Court vide order dated 3rd February, 2025 passed in Writ Petition No.1021 of 2025, at the Aurangabad Bench. An earlier circular dated 1st December, 2022 staying the operation of Rule 41-A, has already been struck down by this Court in Friends Social Circle, Akola and Others v/s. State of Maharashtra and Others1. The Government Resolution dated 29th April, 2024 issued thereafter, 2023 SCC OnLine Bom 1503
.. 3 .. 911, 502 & 503 WP-19017-2024.odt has also been held to be unsustainable.
5.
As such, the proposals of the Petitioners would be considered by Respondent No.5, on their own merits, in the light of Rule 41-A, within a period of 60 days.
6.
All contentions of the parties are kept open since this Court has not expressed any view on the merits of the proposal.
7.
If the proposals are rejected for any reason, a reasoned order shall be passed. If the proposals are accepted, further steps for grant of Shalarth ID, shall be initiated promptly. 8.
With the above observations/directions, these Writ Petitions are disposed off.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)