Partly allowed

Indira Shikshan Prasarak Mandal, Borgaon Manju, Akola Thr. Secretary, Dattatray M. Patil and Ors. v. State of Maharashtra, Thr. the Secretary, Education Department, Mumbai and Another

Bombay HC13 Aug 2024WP/1627/2024

Case brief

AI extract

What is this about?

A school society sought approval for transferring an Assistant Teacher from unaided to aided section as Headmaster after the incumbent superannuated; approval was refused on staffing-pattern grounds. The Court confirmed approved staffing pattern existed and directed the Education Officer to reconsider within four weeks.

What the court decided

AI extract

Indira Shikshan Prasarak Mandal, Borgaon Manju… — Education and Admissions | Bombay HC (2024)

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2024:BHC-NAG:8894-DB 906-WP-1627-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO.1627 OF 20 24

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Indira Shikshan Prasarak Mandal, Borgaon Manju, Tq. and Dist. Akola and ors.

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-vs-

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State of Maharashtra, Thr. Secretary, Education Dept. Mantralaya, Mumbai and anr.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and the Registrar's orders.

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Shri C. A. Joshi, Advocate for petitioners. Shri D. P. Thakare, Additional Government Pleader for respondents.

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CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : August 13, 2024

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P. C.

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Heard Shri C. A. Joshi, learned counsel for the petitioners.

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The petitioner No.3 was appointed as Assistant Teacher from

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open category in unaided section on 15/02/2014 and his services accordingly were approved by order dated 19/08/2014.

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It appears that the Headmistress of petitioner No.2 School at Borgaon Manju managed by petitioner No.1-Society stood superannuated on 30/09/2022. The petitioner No.3’s services were transferred on the said post of Headmaster and as such approval was sought for such transfer from unaided section to aided section.

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The request of the petitioners is rejected by the impugned order dated 06/07/2023 thereby citing reason that petitioner No.1 has failed to produce the approval granted by the Education Officer to the staffing pattern.

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Shri C. A. Joshi, learned counsel for the petitioners would invite

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906-WP-1627-24.odt

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our attention to the documents at Annexure-2 and onwards so as to claim that the approval granted by the Education Officer to the staffing pattern was very much produced, however the Education Officer ignored the same.

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We can confirm about the existence of approved staffing pattern from the document which is produced at Annexure-3 to the petition.

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In that view of the matter we deem it appropriate to permit petitioner No.1 to appear before the Education Officer on 20/08/2024 along with approved staffing pattern.

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We direct the Education Officer to consider the approval granted by his office to the staffing pattern of petitioner No.2 School managed by petitioner No.1 Society and deal with the claim of petitioner No.3 for granting approval to his transfer from unaided section to aided section as expeditiously as possible and in any case within a period of four weeks from the date of appearance of the petitioner/s before him.

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The writ petition is partly allowed and disposed of in above terms.

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No costs.

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(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

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Asmita

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Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 13/08/2024 16:21:21

Indira Shikshan Prasarak Mandal, Borgaon Manju, Akola Thr. Secretary, Dattatray M. Patil and Ors. v. State of Maharashtra, Thr. the Secretary, Education Department, Mumbai and Another

Case brief

What is this about?

What the court decided

Indira Shikshan Prasarak Mandal, Borgaon Manju, Akola Thr. Secretary, Dattatray M. Patil and Ors. v. State of Maharashtra, Thr. the Secretary, Education Department, Mumbai and Another

Case brief

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