This order allows three writ petitions challenging the refusal to approve the transfer of Assistant Teachers from unaided to aided schools, relying on the State's prior orders in similar matters and established precedent.
All writ petitions allowed; rule made absolute; order passed in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5406 OF 2015
Shri Ranba Rangnath Gorave ...Petitioner v/s. The State of Maharashtra & ors. ...Respondents
WITH
WRIT PETITION NO.5624 OF 2015
… Shri Bharat Ganpatrao Nalawade ...Petitioner v/s. The State of Maharashtra & ors. ...Respondents WITH
WRIT PETITION NO.6191 OF 2015
… Shri Vinod Dattatraya Jadhav & anr ...Petitioners v/s. The State of Maharashtra & ors. ...Respondents
Mr. N.V. Bandiwadekar i/b Mr. Mandar G. Bagkar & Mr.Sagar Mane for the Petitioners.
Mr. V.N. Sagare, AGP for the Respondent-State.
CORAM : ANOOP V. MOHTA & A.A.SAYED, JJ. DATED : 28 SEPTEMBER 2015
ORDER:
Rule. Rule made returnable forthwith. Heard finally by consent
of the parties.
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order dated 4 October 2014 issued by Respondent No.2, refusing to grant approval to the transfer of the Petitioners as Assistant Teacher from unaided school of Respondent No.3 to aided School of Respondent No.4. It is informed that the Petitioners have been appointed initially by following regular selection process. The learned counsel appearing for the parties conceded the position that the issue is covered by various judgments/orders of this Court including Ms. Sandhya Laxman Ghosalkar Vs. The State of Maharashtra (Writ Petition No. 5258 of 2012) and other matters, dated 12 September 2012, and (Dattu S/o Bhima Thorat Vs. The State of Maharashtra & Ors. Writ Petition No. 2960 of 2012 dated 11 October 2012. This Court (Coram:Anoop V. Mohta and A.R. Joshi), by order dated 18 April 2015 in
Mrs. Rajabai Baba Shinde Vs. The State of Maharashtra & Ors. Writ Petition No. 3979 of 2015 has passed the order in similarly situated matter of the Respondent No.3 Management. It is also submitted by the learned counsel appearing for the Petitioner that in all other matters, where similar orders are passed, the Government has implemented the same. There is no further challenge to it. The learned AGP conceded to this position that there is no
further challenge.
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allow all these Petitions in terms of respective prayer clause (b). It is made clear that the order be passed in accordance with law.
The parties to act on the basis of the same.
(A.A. SAYED, J.)
( ANOOP V. MOHTA J.)
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CERTIFICATE
Certified to be true and correct copy of the original signed
Judgment/Order.
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3 issues framed by the court
Whether to allow writ petitions challenging the refusal to grant approval for transfer of Assistant Teachers from unaided to aided schools.
Whether the Government is bound to implement orders passed in similar matters by this Court.
Whether the transfer of petitioners as Assistant Teachers should be approved under respective prayer clause (b).
Colour shows how this judgement treated each authority
Ms. Sandhya Laxman Ghosalkar Vs. The State of MaharashtraReferred¶22
Ms. Sandhya Laxman Ghosalkar Vs. The State of Maharashtra (Writ Petition No. 5258 of 2012)
Dattu S/o Bhima Thorat Vs. The State of Maharashtra & Ors.Referred¶22
Dattu S/o Bhima Thorat Vs. The State of Maharashtra & Ors. Writ Petition No. 2960 of 2012
Mrs. Rajabai Baba Shinde Vs. The State of Maharashtra & Ors.Referred¶23
Mrs. Rajabai Baba Shinde Vs. The State of Maharashtra & Ors. Writ Petition No. 3979 of 2015
Shri Ranba Rangnath Gorave & ors.
The State of Maharashtra & ors.
Anoop V. Mohta
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
