Seema Ramesh Jadhav v. The State Of Maharashtra Thr. The Secretary School Education And Sports Department And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION (SR. NO.914)WRIT PETITION NO.4846 OF 2025 Ulhas Eknath Sansare ....Petitioner versus The State of Maharashtra & Ors.
....Respondents AND (SR. NO.915)WRIT PETITION NO.4847 OF 2025 Seema Ramesh Jadhav ....Petitioner versus The State of Maharashtra & Ors.
....Respondents AND (SR. NO.916)WRIT PETITION NO.4848 OF 2025 Amruta Anand Kirve ....Petitioner versus The State of Maharashtra & Ors.
....Respondents AND (SR. NO.917)WRIT PETITION NO.4850 OF 2025 Bapu Babu Kokare ....Petitioner versus The State of Maharashtra & Ors.
....Respondents AND (SR. NO.918)WRIT PETITION NO.4851 OF 2025 Sarika Uday Gadave ....Petitioner versus The State of Maharashtra & Ors.
....Respondents
Mr. Prashant Bhavake, Advocate for the Petitioners in all Writ Petitions.
Mr. B.V. Samant, Additional G.P., for Respondent Nos.1 to 5 in WP/4846/2025, WP/4847/2025 and WP/4851/2025.
Mr. M.M. Pabale, AGP for Respondent Nos.1 to 5 in WP/4848/2025. Ms. N.M. Mehra, AGP for Respondent Nos.1 to 5 in WP/4850/2025. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 9th APRIL, 2025 P.C. :- 1.
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. 2.
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.
3.
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, has also been held to be unsustainable. 4.
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.
5.
All contentions of the parties are kept open since this Court has not expressed any view on the merits of the proposal. 6.
If the proposals are rejected for any reason, a reasoned 2023 SCC OnLine Bom 1503
order shall be passed. If the proposals are accepted, further steps for grant of Shalarth ID, shall be initiated promptly. 7.
With the above observations/directions, these Writ Petitions are disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)