Disposed¶18

Amit Subhash Chuttar v. the State of Maharashtra through the Principal Secretary and Others

Bombay HC10 Jan 2024WP/408/2024

Case brief

AI extract

What is this about?

Rule 41-A MEPS Rules 1981; approval of transfer from unaided to aided establishment; Deputy Director of Education, Pune; Government Circular dated 01/12/2022 stayed and quashed; Writ Petition No.8215/2022 Friends Social Circle Akola (Nagpur Bench); Writ Petition No.4618/2023 order dated 25/04/2023; direction to decide pending proposal within 60 days; school teacher service law; Aurangabad Bench; petition disposed.

What did the court decide?

Direction to Respondent No.2/Deputy Director of Education, Pune to decide the Petitioner's proposal dated 03/09/2021 by following the due procedure laid down in law and in the light of Rule 41-A of the 1981 Rules, within 60 days. ¶18

Amit Subhash Chuttar Vs the State of Maharashtra through the Principal Secretary and Others — Bombay HC (2024) — LawSathi Research

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2024:BHC-AUG:805-DB

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408.24wp

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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986 WRIT PETITION NO. 408 OF 2024

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AMIT SUBHASH CHUTTAR VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS

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Mr A. S. Jadhav, Advocate h/f Mr P. R. Katneshwarkar, Advocate for Petitioner; Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 & 2

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CORAM : RAVINDRA V. GHUGE AND

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Y. G. KHOBRAGADE, JJ. DATE : 10th January, 2024

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PER COURT:

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The Petitioner was appointed on the unaided establishment on 15/06/2013. His approval for the said post is dated 12/03/2019. He completed service of seven years on the said post. He was transferred on the aided establishment on 30/07/2020.

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The Petitioner is aggrieved by the fact that Respondent No.2/ Deputy Director of Education, Pune is not passing any order on the proposal of the Petitioner, dated 03/09/2021, tendered by the Management, seeking approval to his

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408.24wp (2)

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transfer from the unaided establishment to the aided establishment.

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The Petitioner apprehends that, the order is not being passed since Rule 41-A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short ‘the 1981 Rules’), has been stayed by the Circular dated 01/12/2022. We record that, the said Circular was already stayed by an interim order passed by the Nagpur Bench of this Court, dated 21/12/2022, in Writ Petition No.8215/2022 (Friends Social Circle, Akola, thr. it’s Secretary and others Vs. the State of Maharashtra and another). In this backdrop, this Court has passed an order, dated 25/04/2023, in Writ Petition No.4618/2023 and connected Petitions, directing the Education Officer, to decide the said pending proposals in the light of Rule 41-A of the 1981 Rules.

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The Nagpur Bench has recently delivered a judgment dated 21/07/2023 in the aforesaid Writ Petition No.8215/2022 and other connected petitions, quashing the Government Circular dated 01/12/2022.

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In view of the above, this Petition is disposed off, with a direction to Respondent No.2/ Deputy Director of

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408.24wp

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(3)

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Education, Pune, to decide the proposal of the Petitioner, dated 03/09/2021, by following the due procedure laid down in law and in the light of Rule 41-A of the 1981 Rules, within 60 days from today.

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(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)

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sjk

Amit Subhash Chuttar v. the State of Maharashtra through the Principal Secretary and Others

Case brief

What is this about?

What did the court decide?

Amit Subhash Chuttar v. the State of Maharashtra through the Principal Secretary and Others

Case brief

What is this about?

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What the court decided

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