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Bombay High CourtWP/5689/2025disposed off

Pooja Ishwar Khurpe v. The State Of Maharashtra Through Its Secretory And Others

2025-04-28Hon'Ble Shri Justice Mangesh S. Patil , Hon'Ble Shri Justice Y. G. Khobragade2 pages

2025:BHC-AUG:12523-DB ( 1 ) 43 wp 5490.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 WRIT PETITION NO. 5490 OF 2025 NANDINI KAUSTUBH KODARKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 88 WRIT PETITION NO. 5598 OF 2025 VAISHALI VITHALRAO PHULSE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 102 WRIT PETITION NO. 5630 OF 2025 SAREEKA PRAKASHRAO KULKARNI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 103 WRIT PETITION NO. 5631 OF 2025 SUNIL SHIVKUMAR PULKURTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETORY AND OTHERS AND WRIT PETITION NO. 5689 OF 2025 POOJA ISHWAR KHURPE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETaRY AND OTHERS

( 2 ) 43 wp 5490.25 .....

Advocate for the Petitioner/s : Mr. Sarvadnya Rohit S. AGPs for Respondents/State : S/Shri S.R. Wakale, V.M. Kagne, S.R. Wakale Ms. V.N. Patil Jadhav & Ms. P.J. Bharad .....

CORAM : MANGESH S. PATIL & Y.G. KHOBRAGADE, JJ.

DATE :

28.04.2025 P.C. :- 1.

Writ Petition No.5689/2025 is not on board. On request papers are called.

2.

The petitioners in their individual writ petitions are soliciting a writ of mandamus directing the education officer/respondent no.3 to take appropriate decision for grant of approval to their respective transfers affected in purported exercise of the powers vesting in the management under Rules 41 and 41-A of the Maharashtra Employees of the Private Schools (Conditions of Service) Rules, 1981 3.

Heard both the sides.

4.

In the light of disapproval of division bench of this Court to a specific clause from GR dated 29.04.2024 and the subsequent circular dated 03.10.2024, the writ petitions are disposed of directing the respondent/education officers' (secondary) to consider the proposals for grant of approval on their own merits as expeditiously as possible and in any case within six weeks, however, without reference to the aforementioned GR and the circular.

[Y.G. KHOBRAGADE, J.] [MANGESH S. PATIL, J.] mub