Suchetan Prabhakar Fagade v. The Education Officer Thane Mced And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8736 OF 2025 Suchetan Prabhakar Fagade ....Petitioner
Versus
The Education Officer Thane Municipal Corporation and ors.
....Respondents WITH CIVIL WRIT PETITION NO.9026 OF 2025 Apeksha alias Hemashree Ajit Pawar ....Petitioner
Versus
The Education Officer Thane Municipal Corporation and ors.
....Respondents ---- Ms. Kumud Bhatia for the Petitioner in both the Petitions. Mr. Rohit Sakhadeo for Respondent Nos.1 and 2 - Thane Municipal Corporation in both the Petitions.
Mr. A. R. Deolekar, AGP for the Respondent Nos.3, 4 & 7 - State in both the Petitions.
---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.
DATE : 29th JANUARY, 2026 P.C. :- 1.
We have heard the learned Advocate for the Petitioners, the learned AGP for the State and the learned Advocate for the Thane Municipal Corporation. Mr. Sakhadeo is now on the panel of Thane Zilla Parishad, and since he is appearing for Respondent No.1 in these matters, we called upon him to assist the Court for and on
behalf of Respondent No.2. Hence, he has appeared even for Respondent No.2.
2.
We have perused the order dated 3rd February 2025, passed by this Court at the Aurangabad Bench in Writ Petition No.1021of 2025 (Mansi Arun Kelkar Vs. The State of Maharashtra through its Principal Secretary and others), (wherein this Court has noted the Judgment delivered in Friends Social Circle and others Vs. State of Maharashtra and others [2023(5) ALL MR601], quashing the GR dated 1st December, 2022), and has set aside the circulars dated 29th April, 2024 and 3rd October, 2022, issued by the State Government, by which the proposals seeking approval for transfer of the candidate from unaided to partially aided, or partially aided to fully aided Establishment, were directed to be decided by the State.
3.
The AGP points out that, in consequence to the above, the State Government has issued a Government Notification dated 23rd December 2025, which refers to a corrigendum GR published in the Maharashtra Gazette on 13th November, 2025, by which Clause No.41A(1)(h) has been amended, and the Authority to decide such
proposals is now the Commissioner (Education), State of Maharashtra, Pune, who will be the competent Authority to deal with such proposals.
The said Circular dated 23rd December, 2025, along with a copy of the State Gazette publishing the Notification dated 13th November, 2025, issued by the School Education and Sports Department, are collectively marked as 'X' for identification. 4.
The prayer put forth in these two Petitions is that the pending proposals seeking approval for the transfer of the Petitioners to the aided Establishment, be decided within a timeframe, and a decision with regard to the payment of arrears of the unpaid salary from 1st January, 2025, shall be taken by the Competent Authority.
5.
The learned AGP appearing on behalf of Respondent Nos. 3, 4 and 7, submits that in view of the documents 'X', the Commissioner (Education) would now take a decision on these proposals.
6.
In view of the above, both these Petitions are
disposed off with a direction that the Commissioner (Education) would deal with the said proposals by following the due process laid down in law, as expeditiously as possible, and preferably within a period of sixty days from today.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)