Dilip Nivruti Jadhav v. The State Of Maharashtra Through The Principle Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(502) WRIT PETITION NO. 5097 OF 2025 Yogita Rajesh Gurav
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(503) WRIT PETITION NO. 5098 OF 2025 Sharda Nitin Gorivale
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Prashant Bhavake, Advocate for the Petitioner. Mr. Abhishek Bhadang, AGP for Respondent Nos.1 to 5/State. CORAM : RAVINDRA V. GHUGE by SUNNY ANKUSHRAO THOTE Date:
2025.04.21 10:52:40 +0530 & ASHWIN D. BHOBE, JJ.
SUNNY ANKUSHRAO THOTE DATE : 16th APRIL, 2025 P.C. :- 1.
Not on Board. Taken on board.
2.
The proposals for seeking approval to the transfer of the 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, 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 2023 SCC OnLine Bom 1503
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 proposals. 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.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)