Smita Balkrishna Kule Vs the State of Maharashtra Throu. the Sec. School Education and Sports Dept and Ors.

The learned Addl.GP submits, on written instructions received from the Education Officer (Secondary), Zilla Parishad, Ratnagiri, dated 28^th April, 2025, that the Petitioner in Writ Petition No. 5564 of 2025, has already been subjected to a scrutiny under Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (the Rules of 1981) and she can be granted the approval. A photostat copy of the said communication is taken on record and marked as ‘X’ for identification.

¶48

The learned Addl.GP further places on record a photostat copy of the communication dated 25^th February, 2025 addressed by Dr.B.B.Chavan, Deputy Director of Education, Nashik Division, Nashik to the Deputy Secretary, School Education and Sports Division, Mantralaya, Mumbai. The same is marked as ‘ Y’ for identification.

¶49

3 of 5

¶50

911 to 918 common order.odt

¶51

Trupti

¶52

Insofar as the stand of the State Government that the Government Resolution dated 29^th April, 2024 and the Government Circular dated 3^rd October, 2024 would vest power in the State Government / Committee to decide a pending proposal under Rule 41-A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, we find that the said stand is now clearly watered down by this Court vide order dated 3^rd February, 2025 passed in Writ Petition No.1021 of 2025, at the Aurangabad Bench. An earlier circular dated 1^st December, 2022 staying the operation of Rule 41-A, has already been struck down by this Court in Friends Social Circle, Akola and Others v/s. State of Maharashtra and Others¹ . The Government Resolution dated 29^th April, 2024 issued thereafter, has also been held to be unsustainable.

¶53

In view of the above, the proposals already forwarded to the State Government will have to be returned to the Education Officer. As regards the cases of employees who are working in the junior colleges, their proposals will have to be forwarded to the Deputy Director of Education for considering grant of approval from the unaided to the aided/ partially aided to aided categories.

¶54

1 2023 SCC OnLine Bom 1503

¶55

4 of 5

¶56

911 to 918 common order.odt

¶57

Trupti

¶58

For the same categories pertaining to the employees working in schools, the Education Officer is empowered to consider such proposals.

¶59

Let such proposals be considered by the respective Officers by carrying out a meticulous verification exercise, with regard to the teachers, under Rule 41-A of the Rules of 1981 and with regard to the non-teaching category, under Rule 41 of the Rules of 1981.

¶60

Needless to state, all these proposals, save and except the Ratnagiri matter, we have not expressed any opinion as regards the merits of the proposals and the Authorities would consider them strictly in accordance with Rule 41-A/41 of the Rules of 1981, as the case may be.

¶61

With the above directions/ observations, these Writ Petitions are disposed off.

¶62

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

¶63

5 of 5

Smita Balkrishna Kule v. the State of Maharashtra Throu. the Sec. School Education and Sports Dept and Ors.

Case brief

What is this about?

What did the court decide?

Smita Balkrishna Kule v. the State of Maharashtra Throu. the Sec. School Education and Sports Dept and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anagha Abhay Mainkar vs the State of Maharashtra through Secretary Education Dept

Poonam Narayan More vs State of Maharashtra Tribal Development Department

The Hospital Kamgar Sanghatana Ruby Hall Clinic vs Sunil Bapu Rajput

Maharukh Jal Bilpodivala vs the State of Maharashtra

Harsharaj Madhukar Jadhav vs Jt. Commissioner M.C.G.M. a and C Dept

Maharashtra Navanirman Kamagar Sena vs the Employees Provident Fund Organization