Bombay High CourtWP/7768/2025disposed off

Ku. Priyanka Bhaurao Bharsakle v. The State Of Maharashtra, Thr. Secretary, Education And Sports Dept., Mumbai And ORS.

2026-02-18Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7768/2025 Priyanka Bhaurao Bharsakle ..versus..

State of Maharashtra & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri R.D. Karode, Advocate for the Petitioner(s) Ms. H.S. Dhande, AGP for the Respondent/State CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. FEBRUARY 18, .

Heard learned Counsel for the Petitioner and learned AGP for the Respondent Nos. 1 to 3. None for the Respondent Nos. 4 and 5. (2) It is the contention of the Petitioner that the Respondent No. 3 - Education Officer illegally forwarded the proposal of transfer to the Respondent No. 2 - Deputy Director of Education vide its order dated 03/10/2025. In fact, the Education Officer himself is the Authority to decide the proposal of transfer. It appears that there is amendment dated 13/11/2025 in Rule 41A(1)(h) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, by which, the transfer shall be subject to the approval of the Commissioner (Education), State of Maharashtra, Pune, however, it is not made clear as to whether it is applicable to the pending proposal before the ..

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922wp7768.25 922wp7768.25 Education Officer or the Deputy Director of Education, as the case may be.

(3) Learned Counsel for the Petitioner prays for remittance of the matter to the Education Officer for fresh consideration. (4) In view of the above, we direct the Respondent No. 3 - Education Officer (Secondary), Zilla Parishad, Buldhana to re-consider the matter, if any submissions are made by the Petitioner within a period of two weeks.

(5) The Petitioner to appear before the Education Officer on 05/03/2026.

(6) With the above direction, the Writ Petition stands disposed of. Pending Application(s), if any, stand(s) disposed of. (NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.) ..

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