Allowed

Meghraj Dhondiram Kharatmol v. the State of Maharashtra and Others

Bombay HC13 Oct 2021WP/6805/2021

Case brief

AI extract

What is this about?

This judgment quashed an order rejecting a proposal for the transfer of a petitioner from unaided to aided post. The court directed the Divisional Deputy Director of Education to re-examine the proposal within six months, considering seniority and qualifications, in light of a prior order finding errors in a circular.

What did the court decide?

Impugned order quashed; respondent directed to re-examine transfer proposal within six months.

Meghraj Dhondiram Kharatmol Vs the State of… — Education and Admissions | Bombay HC (2021)

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(1)

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1020-wp-6805-2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.6805 OF 2021

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MEGHRAJ DHONDIRAM KHARATMOL

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..PETITIONER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

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Mr. V. D. Gunale, Advocate for the Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
Mr. Sachin B. Munde, Advocate for Respondent Nos.4
and 5.

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 DATED : 13th OCTOBER, 2021.

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PER COURT:-

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1.Heard learned counsel for the petitioner
and learned A.G.P.

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2.The proposal seeking approval to the
transfer of the petitioner from unaided to aided
post is rejected.

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3.The petitioner claims to have been
appointed on unaided post as Assistant Teacher on
24.04.2013. The approval is granted to the
appointment of the petitioner on unaided post by
the Education Officer under order dated 31.08.2013.
The petitioner claims to have been transferred to
the aided post on 26.04.2020.

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(2) 1020-wp-6805-2021

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4.The aforesaid facts do not appear to be
disputed. The proposal is rejected on the basis of
the Notification dated 08.06.2020 and amendment to
Rule 41 of the MEPS Rules. The petitioner is
transferred to the aided post on 26.04.2020. In
view of that, amendment to Rule 41 of the
Maharashtra Employees of Private Schools (Condition
of Service) Regulations Act, 1977 and Rules and
Notification dated 08.06.2020 would not apply.

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5.We have in our judgment and order dated
04.07.2019 in Writ Petition No.1493/2018 with other
connected writ petitions held that some of the
clauses of circular dated 28.06.2016 are erroneous.

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6.In light of the above, impugned order is
quashed and set aside.

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7.The Divisional Deputy Director of
Education, Latur Division shall re-examine the
proposal submitted for approval to the transfer of
the petitioner on aided post on its own merits in
tune with the judgment and order of this Court
dated 04.07.2019 in Writ Petition No.1493/2018 with
other connected writ petitions. The Divisional
Deputy Director of Education is required to
consider the seniority, qualification, roster and
all other aspects while deciding the proposal for
approval. It shall not reject the proposal on the
ground on which the impugned order is passed. The
same shall be decided preferably within a period of
six (06) months.

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(3) 1020-wp-6805-2021

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8. Writ Petition is disposed of. No costs.

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 (R. N. LADDHA) (S. V. GANGAPURWALA)
 JUDGE JUDGE

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Devendra/October-2021

Meghraj Dhondiram Kharatmol v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Meghraj Dhondiram Kharatmol v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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