Sanjay Babarao Sanap And Another v. Education Officer (Secondary), Zilla Parishad, Washim
2025:BHC-NAG:4676-DB WP 7250 of 2024 - Judgment.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.7250/2024 PETITIONERS : 1. Sanjay Babarao Sanap Age - 37 Yrs., Occ. Service, R/o Weltura, Jaipur, Hingoli, Tq. & Dist. Hingoli.
2.
Dnyaneshwar Secondary and Higher Secondary School, Mandwa, through its Headmaster, Office at Mandwa, Tq. Risod, Dist. Washim.
...VERSUS...
RESPONDENT :
Education Officer (Secondary), Zilla Parishad, Washim, Tq. & Dist. Wadhim.
---------------------------------------------------------------------------------------------- Mr. S.N,. Chikhale, Advocate for petitioners Mr. J.Y. Ghurde, AGP for respondent ---------------------------------------------------------------------------------------------- CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.
DATE : 05/05/2025 ORAL JUDGMENT : (PER : AVINASH G. GHAROTE, J.) 1.
Heard. Rule. Rule made returnable forthwith. Assistant Government Pleader Mr. J.Y. Ghurde waives service of notice for the respondent, on merits. Heard finally with the consent of the learned counsels for the parties.
2.
The petition questions the communication dated 05/02/2024 (pg.27) by which the proposal for transfer of the petitioner No.1, from a non-grant to grant-in-aid section has been
WP 7250 of 2024 - Judgment.odt rejected on the ground that in terms of Circular, dated 01/12/2022 there is a stay.
3.
The position in this regard has already been considered by the learned Division Bench of this Court in Writ Petition No.8215/2022 (Friends Social Circle, Akola and others Vs. State of Maharashtra and others) decided on 21/07/2023, in which, it has been held that the aforesaid Circular to the extent it stays the operation of Rule 41 (A) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is set aside for want of power with the respondent No.1.
4.
That being the position, the ground for refusal of the approval on this count would not survive. We, therefore, quash and set aside the impugned communication dated 05/02/2024 and direct the respondent to consider the proposal for approval, in case there is no other impediment in law. The same shall be done within a period of four weeks form today.
5.
Rule is made absolute in the aforesaid terms. No order as to costs.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 05/05/2025 15:40:14