Yogesh Devidasrao Digraskar vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

Yogesh Devidasrao Digraskar vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Commissioner (Education), State of Maharashtra, Pune - though not a party - to decide the Petitioner's pending proposal dated 06.12.2025 by calling it from Respondent No.3, Deputy Director of Education, Latur, within 8 weeks; with these directions the Writ Petition is disposed of.

Issue for consideration

Which authority is competent to decide the Petitioner's pending proposal dated 06.12.2025 under Rule 41A(1)(h) of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981, seeking approval to his transfer from a partially aided to a 100% aided post, in view of the 2025 amendment to the Rules and the State Government's clarification.

Court's answer

In view of notification Exhibit-X (amendment to Rule 41A(1)(h)) and communication Exhibit-Y, the appropriate authority to decide the Petitioner's pending proposal is now the Commissioner (Education), Maharashtra State, Pune, although the proposal was originally submitted before Respondent No.3.

Ratio / Principle

Although the Commissioner (Education) is not a party to the proceedings, the Court directed him to decide the said proposal by calling it from Respondent No.3, Deputy Director of Education, Latur, within a period of 8 weeks.

Detailed headnote1 paragraphs

Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 - Rule 41A(1)(h) - approval of transfer of Junior Lecturer from partially aided to 100% aided post - proposal dated 06.12.2025 pending before Respondent No.3, Deputy Director of Education, Latur - during pendency, the Maharashtra Employees of Private Schools (Condition of Service) (Amendment) Rules, 2025 (Exhibit-X) substituted 'Commissioner (Education), State of Maharashtra, Pune' in place of 'Education Officer or Deputy Director, as the case may be' in Rule 41A(1)(h), and the State Government clarified (Exhibit-Y, dated 18.02.2026) that all pending proposals under Rule 41A be forwarded to the Commissioner (Education) for decision. Held, the appropriate authority to decide the Petitioner's proposal is now the Commissioner (Education), Maharashtra State, Pune; though not a party to the proceedings, he was directed to decide the proposal by calling it from Respondent No.3, Deputy Director of Education, Latur, within 8 weeks. Writ Petition disposed of.

2026:BHC-AUG:7777-DB

drp

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO.1024 OF 2026

Yogesh Devidasrao Digraskar

PETITIONER

VERSUS

The State of Maharashtra and Others

RESPONDENTS

Mr. Kalyan V. Patil, Advocate for the Petitioner Mr. R. S. Wani, AGP for Respondents - State

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, J.J.

DATE : 18th FEBRUARY, 2026

P.C.:

1. Present Petition has been filed for the following reliefs:

“B. By issuing Writ of Mandamus or any other appropriate writ, order or direction in the like nature, Respondent No.3 – Deputy Director of Education, Latur Division, Latur may kindly be directed to consider and decide the pending proposal dated 06.12.2025 of Petitioner (Exhibit-”E”) seeking approval to his transfer from partially aided to 100% aided post/division as Junior Lecturer within stipulated period as per law laid down by this Hon’ble Court in Writ Petition No. 1021 of 2025 vide order dated 03.02.2025

C. By issuing writ of mandamus, or any other appropriate writ, order or directions in the like nature, Respondent No.3 – Deputy Director of Education, Latur Division, Latur may kindly be directed to grant an approval to the transfer of Petitioner from

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partially aided to 100% aided School in the prescribed pay scale along with all consequential benefits of regular increments after considering services rendered by him on unaided / partially aided division / post.”

Heard learned Advocate for the Petitioner. Learned AGP

waives notice for the Respondents No.1 to 3.

Learned AGP places on record notification in respect of amendment in the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 i.e. Maharashtra Employees of Private Schools (Condition of Service) (Amendment) Rules, 2025. By this notification, amendment has been carried out in Rule No. 41A (1) (h) of the said Rules and in place of words “Education Officer or Deputy Director, as the case may be” the words and brackets, “Commissioner (Education), State of Maharashtra, Pune” have been substituted. The said notification is taken on record by marking Exhibit-X. Learned AGP also places on record the clarification issued by the State Government to Commissioner (Education), Maharashtra State, Pune, on 18^th February, 2026, thereby directing that in view of the amendment / notification dated 13^th November, 2025, all the pending proposals under Rule 41A of the said Rules, have been directed to be forwarded to the Commissioner

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(Education) and the Commissioner (Education) is asked to decide the same. Copy of the said letter is taken on record by marking Exhibit-Y.

The fact is not in dispute that the proposal of the Petitioner was submitted as per the provisions of Rule 41A (1) (h) of the said Rules, before Respondent No.3. However, in view of notification Exhibit-X and communication Exhibit-Y, the appropriate authority to decide the same, would now be the Commissioner (Education) Maharashtra State, Pune.

In view of this notification, though the Commissioner (Education) is not a party to the proceedings, yet we direct him to decide the said proposal by calling it from Respondent No.3 Deputy Director of Education, Latur, within a period of 8 weeks from today.

With the above directions, the Writ Petition is disposed of.

( HITEN S. VENEGAVKAR ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE

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