Swara Santosh Yadav v. The State Of Maharashtra Through Secretary And ORS

38-wp-5096-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5096 OF 2025 Swara Santosh Yadav .....Petitioner NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.05.02 11:56:00 +0530 Vs.

The State of Maharashtra and Ors. ....Respondents Mr. Sushant A. Khatake, for the Petitioner.

Mr. S. P. Kamble, AGP for the State/Respondent Nos. 2 to 5. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 28th APRIL, 2025 P.C. :- 1.

The proposal with regard to the Petitioner's transfer from the unaided establishment to the aided establishment as an Assistant Teacher, is pending adjudication for more than six months. By an order passed by this Court, dated 3rd February, 2025, in Mansi Arun Kelkar Vs. State of Maharashtra and Ors. (Writ Petition No.1021 of 2025) and in Friends Social Circle, Akola Vs. The State of Maharashtra & Ors. 2023 (5) ALL MR 601, the circulars dated 1st December, 2022 and 29th April, 2024, have been quashed and set aside.

Nikita

38-wp-5096-2025.odt 2.

The Petitioner's proposal forwarded by Respondent No.4 to Respondent No.3, shall be returned to Respondent No.5 within three weeks from today. Thereafter, Respondent No.5 would deal with the proposal in view of Rule 41(A) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 on its own merits and by conducting a meticulous inquiry, within a period of 60 days thereafter. A reasoned order shall be passed. 3.

With the above directions, the Writ Petition shall stand disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita