Writ Petition No. 4431 of 2023 · Bombay High Court · 2023
Case Details
1 59-WP-4431-2023&1&2onprodn.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 59] WRIT PETITION NO. 4431 OF 2023 Ankush s/o Bhanudas Kale Versus ...Petitioner The State of Maharashtra & Ors. ...Respondents Mr. Santosh S. Dambe – Advocate for the petitioner Mr. S. G. Karlekar – Advocate for respondent/State ..... ..… AND 1] WRIT PETITION NO. 5112 OF 2022 Vishnu s/o Mahadeo Khande ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents
Legal Reasoning
Mr. S. S. Thombre – Advocate for the petitioner Mr. S. G. Karlekar – Advocate for respondent/State ..... ..… AND 2] WRIT PETITION NO. 5107 OF 2022 Shaikh Abdul Mujib Raheman Abdul Majid ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. S. S. Thombre – Advocate for the petitioner Mr. S. K. Tambe – Advocate for respondent/State ..... ..… CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ. DATED : 24th APRIL 2023 PER COURT : - 1. These Petitioners are aggrieved on account of the impugned order passed by the Education Ofcere thereby rejecting 2 59-WP-4431-2023&1&2onprodn.odt the proposal for grant of approval to the transfer of the Petitionerse from the unaided post to the aided poste without adhering to Rule 41A of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rulese 1981 on the ground that the State Government has stayed Rule 41A by circular dated 01/12/2022. 2. The learned Advocate for the Petitioners submits that the Circular dated 01/12/2022e has been stayed by this Court at the Nagpur bench and that their case is covered by the order dated 02.05.2022e passed by this Courte in Writ Petition No. 3336 of 2021 and group of cases (Someshwar Rohidas Patekar vs. The State of Maharashtra and others)e in terms of the directions set out in paragraph No.15e which read as under: - “15.
Decision
In view of the abovee these Writ Petitions are partly allowed. We are quashing and setting aside the impugned orders and remitting the proposals of these petitioners to the Education Ofcer on the following conditions :- (a) Wherever the Managements/ respondents in these petitions have not intimated to the Education Ofcer as regards the available vacancies in their Institutionse such Managements shall forthwith issue communications to the Education Ofcere on or before 25.05.2022 setting forth details of the vacancies available with such Institutions. 3 59-WP-4431-2023&1&2onprodn.odt (b) While considering the abovee all such communications which may have already been forwarded to the Education Ofcer by some of the Managementse the issue of surplus teachers vis-a-vis available vacancies in Beed districte based on their seniority and eligibilitye will be considered and recommendation of surplus teachers to particular Institutions for absorptione would be considered by the Education Ofcer. (c) While approving transfers from unaided to aided category as per the proposals forwarded by the respondents/ Managementse the Education Ofcer shall consider surplus teachers available and while approving such transferse would also consider whethere an imbalance in reservation is likely to be created in the aided category owing to such transfers. (d) As far as possiblee the Education Ofcer shall ensure that an imbalance is not created in reservation while approving such transfers to the aided category vis-a-vis vacancies that have occurred from the reserved category on account of the teacherse who are exiting employment on account of their superannuation or voluntary retiremente etc.. (e) After considering the above aspectse the Education Ofcer shall pass reasoned orders in the cases before hime as expeditiously as possible and preferably on or before 15.07.2022. (f) Needless to statee those teacherse whose proposals 4 59-WP-4431-2023&1&2onprodn.odt would be approved for transfer from the unaided to aided categorye would be entitled for all consequential benefts from the dates on which the transfers are approved. (g) The above guidelines would apply squarely to the cases whereine the transfers are efected from unaided to partially aided or fully aided or from partially aided to fully aided categorye etc.. (h) In the event of any grievance of any of these petitioners or any other teachere persisting or cropping up on account of reservation/ backlog while approving transfers of teachers from unaided to aided or partially aided or from partially aided to fully aided categorye the said issue will be left open if there is specifc challenge to that extent.” 3. In view of the abovee these Petitions are partly allowed. By quashing and setting aside the impugned order and remitting the proposal of the Petitioners to the Education Ofcere we are issuing similar directions as under :- (a) Wherever the Management/ Respondent in these Petitions has not intimated to the Education Ofcer as regards the available vacancies in it’s Institutione such Management shall forthwith issue communication to the Education Ofcere on or before 15.05.2023 setting forth details of the vacancies available with the said Institution. 5 59-WP-4431-2023&1&2onprodn.odt (b) While considering the abovee if such communication has already been forwarded to the Education Ofcer by some of the Managementse the issue of surplus teachers vis-a-vis available vacancies in Beed districte based on their seniority and eligibilitye will be considered and recommendation of surplus teachers to particular Institutions for absorptione would be considered by the Education Ofcer. (c) While approving transfers from unaided to aided category as per the proposals forwarded by the Respondents/Managemente the Education Ofcer shall consider surplus teachers available and while approving such transferse would also consider whethere an imbalance in reservation is likely to be created in the aided category owing to such transfers. (d) As far as possiblee the Education Ofcer shall ensure that an imbalance is not created in reservation while approving such transfers to the aided category vis-a-vis vacancies that have occurred from the reserved category on account of the teacherse who are exiting employment on account of their superannuation or voluntary retiremente etc.. (e) After considering the above aspectse the Education Ofcer shall pass a reasoned order in the case before hime as expeditiously as possible and preferably on or before 30.06.2023. (f) Needless to statee those teacherse whose proposals would be approved for transfer from the unaided to 6 59-WP-4431-2023&1&2onprodn.odt aided categorye would be entitled for all consequential benefts from the dates on which the transfers are approved. (g) The above guidelines would apply squarely to the cases whereine the transfers are efected from unaided to partially aided or fully aided or from partially aided to fully aided categorye etc.. (h) In the event of any grievance of the Petitioners or any other teachere persisting or cropping up on account of reservation/backlog while approving transfers of teachers from unaided to aided or partially aided or from partially aided to fully aided categorye the said issue will be left open if there is specifc challenge to that extent. [SANJAY A. DESHMUKH] [RAVINDRA V. GHUGE] JUDGE JUDGE SG Punde