Mahatma Fule Shikshan Prasarak Mandal, Shegaon, Thr. President And Others v. State Of Maharashtra, Thr. Secretary, Department Of Education And Sports, Mumbai And ORS.

2025:BHC-NAG:10715-DB 903-wp6083.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6083 OF 2025 Mahatma Fule Shikshan Prasarak Mandal, Shegaon & oths. -Vs.- State of Maharashtra & oths.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Nilesh Tikar, Adv. h/f Mr.R.D.Karode, Adv.for the petitioners. Mr.A.V.Palshikar, AGP for the respondent-State. CORAM : SMT. M. S. JAWALKAR & RAJ D. WAKODE, JJ.

DATE : 9TH OCTOBER, 2025 P.C.

The learned AGP waives notice for all the respondents.

2.

Heard the learned counsel for the parties.

3.

The contention of the petitioners is that the respondent No.3 was appointed in unaided division on 05/08/2013. Thereafter, the said division started receiving 60% grant-in-aid. One Amita Jethva, who was working in 100% grant-in-aid section, was superannuated with effect from 31/01/2023 and therefore, the post became vacant. Against which, the petitioner No.3 came to be transferred by following the provisions of Rule 41A of the MEPS Rules, 1981. The School Committee was passed the resolution on 01/05/2024 and decided to transfer petitioner No.3 from KHUNTE

903-wp6083.25.odt 2/2 partially aided division to aided division. The proposal was forwarded for grant of approval to the transfer of petitioner No.3 to the office of respondent No.2, i.e. Education Officer (Secondary), Zilla Parishad Buldhana. Since then the proposal is pending with the office of respondent No.2. The limited prayer of the petitioner is that respondent No.2Education Officer (Secondary) be directed to decide the proposal dated 24/06/2024.

4.

As such, the petition is allowed in terms of prayer clause (i).

5.

The respondent No.2-Education Officer (Secondary), Zilla Parishad Buldhana is hereby directed to take a decision on the proposal submitted by the petitioners within a period of four weeks.

6.

In view of this order, the remaining prayers do not survive.

7.

The petition stands disposed of accordingly. No costs.

(RAJ D. WAKODE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 13/10/2025 18:44:39 KHUNTE