Shetkari Shikshan Prasarak Mandal Through Its Secretary And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
2025:BHC-AUG:12584-DB 1 903.WP.5628.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.5628 OF 2025 SHETKARI SHIKSHAN PRASARAK MANDAL THROUGH ITS SECRETARY AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...
Advocate for the Petitioner : Mr. S.S. Thombre AGP for Respondents: Mr. S.R. Wakale ...
CORAM
: MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.
DATE : 29.04.2025 PER COURT:
The petitioners are the Management and its employees who are awaiting approval to the transfer of these employees from partially added division to fully added division in the light of Rule 41 and 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, placed on record at (Exhibit - D collectively). 2.
We have heard both the sides.
3.
Though by the Government Resolution dated 29.04.2024 and subsequent Circular dated 03.10.2024, the Government has directed all such proposals seeking approval to the transfer effected under aforementioned rules to be forwarded to the State Government for taking approval to the decision, in the matter of Friends Social Circle and Ors.
2 903.WP.5628.25.odt Vs. State of Maharashtra and Ors.; 2023 (5) ALL MR 601 as followed by subsequent decision, the relevant clause from the Government Resolution dated 29.04.2024 has been held to be inconsistent with the aforementioned rules which empower the Deputy Directors of Education and Education Officer to take appropriate decision on such proposal, have quashed and set aside the clause and consistently the several benchs have been directing the proposals for approval to be considered de hors the Government Resolution and the Circular.
4.
In the light of the above, the writ petition is allowed. The respondent No.3 - Education Officer (Secondary) shall consider all the proposals (Exhibit - D collectively) himself without referring to the Government Resolution dated 29.04.2024 and Circular dated 03.10.2024 on its own merits, as expeditiously as possible and in any case within six weeks under intimation to the Management.
(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb/