Pratibha Pratishtan Indapur Thr. Its President Arvind v. Wagh and Anr. v the State of Maharashtra Thr. the Secretary School Education and Sports Department and Anr.
Case brief
What is this about?
Transfer approval; un-aided to 20% aided establishment; Rule 41, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981; Individual Approval Camp; Education Department; outward register mismatch; unauthorized appointment; verification of approval; Education Officer's signature; personal hearing; Pramod Prabhakar Pokale v/s. State of Maharashtra, AIR OnLine 2019 Bom 30 (Aurangabad Bench); approval once granted cannot be cancelled absent glaring fraud; Shalarth ID; sanction of transfer proposal; reasoned order if approval fictitious; 120-day timeline; monetary benefits from date of tendering of proposal; writ petition disposed of (Bombay HC, W.P. No. 9445 of 2025, Ghuge & Mantri JJ., 28-01-2026).
What did the court decide?
Directions to the competent authority to verify the approval granted to Petitioner No. 2; the Education Officer who signed the camp approval to make a statement regarding his signature; personal hearing to the management and the employee; sanction to the transfer proposal if the approval is found in order, or a reasoned adverse order if it is found fictitious; completion of the exercise within 120 days; and, upon sanction, all monetary benefits to the employee from the date of tendering of the proposal by the management.