Allowed

Sudhakar Dhondiba Chavan v. the State of Maharashtra through Its Principal Secretary and Others

Bombay HC9 Jan 2024WP/338/2024

Case brief

AI extract

What is this about?

The court disposed of the appeal regarding the petitioner's stalled transfer proposal from an unaided to an aided school. It directed the Education Officer to process the proposal under Rule 41-A of the Maharashtra Employees of Private Schools Rules within 60 days.

What did the court decide?

The Education Officer shall decide the pending proposal for transfer strictly in accordance with Rule 41-A within sixty days.

Sudhakar Dhondiba Chavan Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2024)

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2024:BHC-AUG:747-DB

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( 1 ) 996 wp 338.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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996 WRIT PETITION NO. 338 OF 2024

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SUDHAKAR DHONDIBA CHAVAN
VERSUS

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THE STATE OF MAHARASHTRA

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THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

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Advocate for the Petitioner : Mr. Rodge Krishna Pratap
AGP for Respondents/State : Mr. R.S. Wani

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CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE :9th January, 2024

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P.C. :-

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1.The proposal of the Management dated 03.11.2023 seeking
approval to the transfer of the Petitioner from the unaided to the aided
establishment is not being processed because of the circular dated 01.12.2022,

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by which the State Government had stayed the effect of Rule 41-A of the
Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

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2.The above stated circular was stayed by this Court at the Nagpur
Bench vide order dated 21.12.2022 in Writ Petition No.8215/2022 (Friends
Social Circle, Akola and Others V/s. State of Maharashtra and Others.)
Subsequently, by a judgment dated 21.07.2023, the said petition along with a

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( 2 ) 996 wp 338.24

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group of petitions, were allowed and the Circular dated 01.12.2022, was
quashed and set aside.

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3.In view of the above, this petition is disposed off with a direction
to the Education Officer to decide the pending proposal strictly in accordance
with Rule 41-A and all the sub-clauses set out thereunder, within a period of 60
days.

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 [Y.G. KHOBRAGADE, J.][RAVINDRA V. GHUGE, J.]

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Sudhakar Dhondiba Chavan v. the State of Maharashtra through Its Principal Secretary and Others

Case brief

What is this about?

What did the court decide?

Sudhakar Dhondiba Chavan v. the State of Maharashtra through Its Principal Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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