Pramod Tukaram Naiknaware and Ors. v. the Education Officer (Sec) and Ors.
Case brief
What is this about?
Transfer of teacher from non-grant-in-aid (un-aided) to grant-in-aid (aided) school; Head Master within definition of 'teacher', Section 2(26), M.E.P.S. Act; Government Resolution / Circular dated 28 June 2016, Clause 3 Sub-Clauses 1 and 2, no statutory force in law; Rule 41A of M.E.P.S. Rules procedure for Education Officer consideration; Education Officer (Secondary), Zilla Parishad, Solapur; rejection order dated 28 December 2022; transfer proposal dated 8 June 2020; reconsideration directed with hearing to petitioners and stakeholders, decision within eight weeks; appearance fixed 6 May 2026; Coordinate Bench judgment dated 24 August 2021 in Writ Petition No. 14234 of 2018, paragraph 15; Miss. Devkar Dipali Kisan; all issues expressly kept open; interim application disposed of.
What did the court decide?
Writ Petition disposed of with directions: Education Officer to reconsider the proposal dated 8 June 2020 under Rule 41A of the M.E.P.S. Rules after granting hearing opportunity to the petitioners and all stakeholders, and decide within eight weeks from the date of appearance of the parties before him; parties to appear before the Education Officer on 6 May 2026; all issues expressly kept open; pending Interim Application (Stamp) No. 13175 of 2025 also disposed of.