Bhagirathi Jivandhara Pratishthan and Others Vs the State of Maharashtra through the Secretary and Others — Bombay HC (2024) — LawSathi Research

Bhagirathi Jivandhara Pratishthan and Others Vs the State of Maharashtra through the Secretary and Others — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 07.08.2023 quashed and set aside; proposal of Petitioner No.3 restored to the file of the Education Officer for fresh consideration in the light of Rule 41-A of the 1981 Rules, with a reasoned order to be passed within 60 days, safeguarding the rights of any surplus teachers.

Issue for consideration

Whether approval to the transfer of Petitioner No.3 from the unaided to the aided school could be declined solely on the ground that Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 had been stayed by the Government Circular dated 01.12.2022, given that the Circular itself had been quashed by the Nagpur Bench's judgment dated 21.07.2023.

Court's answer

Since the sole ground for refusing approval was the Government Circular dated 01.12.2022 staying Rule 41A, and that Circular had been stayed by the Nagpur Bench's interim order dated 21.12.2022 and quashed and set aside by its judgment dated 21.07.2023, the writ petition is partly allowed and the impugned order dated 07.08.2023 is quashed and set aside.

Ratio / Principle

The proposal of Petitioner No.3 is restored to the file of the Education Officer, who must consider it afresh in the light of Rule 41-A of the 1981 Rules and pass a reasoned order within 60 days.

Key takeaways

In the event of any surplus teachers, the Education Officer shall carefully scrutinize the case and pass a reasoned order taking into account the rights of the surplus teachers as enshrined in law; any grievance about the order to be passed may be voiced by the Petitioners in appropriate proceeding.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench) — Writ Petition No. 546 of 2024 (decided 17 January 2024): Approval to the transfer of Petitioner No.3 from an unaided to an aided school had been refused solely because Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (mistyped '41-1' by the Education Officer) was stayed by Government Circular dated 01.12.2022. The Panel noted that the Circular had itself been stayed by the Nagpur Bench's interim order dated 21.12.2022 in W.P. No.8215/2022 (Friends Social Circle, Akola v. State of Maharashtra) and quashed and set aside by that Bench's judgment dated 21.07.2023 allowing the group of petitions. Accordingly, the impugned order dated 07.08.2023 was quashed and set aside and the petition was partly allowed; Petitioner No.3's proposal was restored to the Education Officer for afresh consideration under Rule 41-A with a reasoned order within 60 days; where surplus teachers exist, their legally enshrined rights are to be taken into account, with grievances addressable in appropriate proceedings. (Relied on: Friends Social Circle, Akola v. State of Maharashtra, W.P. No.8215/2022, Nagpur Bench.)

( 1 ) 924 wp 546.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

924 WRIT PETITION NO. 546 OF 2024

BHAGIRATHI JIVANDHARA PRATISHTHAN AND OTHERS VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Advocate for the Petitioner : Mr. Tripathi Manish Purushottam Purushottam GP for Respondents/State : Mr. A.B. Girase

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ. DATE : 17^th January, 2024

P.C. :-

The Petitioners are aggrieved by the impugned order dated 07.08.2023, by which, approval is not granted to the transfer of Petitioner No.3 from the unaided to the aided school.

The only reason for which the approval is declined is that, Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (wrongly typed as 41-1 by the Education Officer in the impugned order), has been stayed by the Government Circular dated 01.12.2022.

We have heard the extensive submissions of the learned Advocates for the respective sides.

( 2 ) 924 wp 546.24

It is undisputed that the Circular dated 01.12.2022, staying the effect of Rule 41-A of the 1981 Rules, was stayed by the interim order of 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). Subsequently, by a judgment dated 21.07.2023, the said petition along with a group of petitions, were allowed and the Circular dated 01.12.2022, was quashed and set aside.

In view of the above, this Writ Petition is partly allowed. The impugned order dated 07.08.2023 is quashed and set aside.

The proposal of Petitioner No.3 is restored to the file of the Education Officer, who will consider it afresh in the light of Rule 41-A of the 1981 Rules, and pass a reasoned order, within 60 days from today.

In the event of any surplus teachers, the Education Officer shall carefully scrutinize the case and pass a reasoned order taking into account the rights of the surplus teachers, as are enshrined in law. Any grievance about the order, that is to be passed by the Education Officer, can be voiced by the Petitioners in appropriate proceeding.

[Y.G. KHOBRAGADE, J.]

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