SAVITA GANGARAM SHELKEversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS

                                                                   88-WP-8822-2025.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 8822 OF 2025

Savita Gangaram Shelke                                   ...Petitioner
          Versus
The State of Maharashtra and Others                      ...Respondents

                                 ——————
Mr. Prashant Bhavake, for the Petitioner.
Mr. R. P. Kadam, ‘B’ Panel Counsel, for the Respondents-State.
Mr. Urkarsh Desai, for the Respondent Nos.6 & 7.
                                 ——————
                                   Coram :     Sharmila U. Deshmukh &
                                               Neeraj P. Dhote, JJ.
                                   Date      : October 08, 2026.
P. C. :

1.         By the present petition, the challenge is to the impugned order

dated 3rd April 2025 premised on the Government Resolution of 1 st

December 2022 rejecting the proposal seeking approval to the transfer

of the Petitioner from the unaided post to the aided post.

2.        We have requested Mr. Kadam to appear on behalf of Respondent

No.5-Education Oicer (Primary), Zilla Parishad, Satara, as the issue

stands covered and instructions on the factual aspects are not required

to be taken. Mr. Kadam has graciously agreed to appear for Respondent

No. 5.




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3.       Briely stated, the facts of the case are that the Petitioner came

to be appointed as an ‘Assistant Teacher’ on an unaided post on 26 th

January 2013.            The Education Oicer granted the approval to the

Petitioner’s appointment on 29th September 2014. On 31st July 2024, an

Assistant Teacher working on the aided post superannuated and the

Petitioner came to be transferred from unaided post to the aided post

of Assistant Teacher on 1st August 2024. The proposal, which was sent

seeking approval to the transfer of the Petitioner, came to be rejected

on the ground of the Government Resolution of 1st December 2022.

4.       Learned counsel appearing for the Petitioner would submit that

the Government Resolution dated 1st December 2022 stayed the

provisions of Rule 41A of the Maharashtra Employees of Private Schools

(Conditions of Service) Rules, 1981 (for short, ‘Rules of 1981’), which

came to be considered by the Hon’ble Division Bench of this Court in the

case of Friends Social Circle, Akola & Ors. v. State of Maharashtra &

Anr.1 He submits that this Court quashed and set aside the Circular

dated 1st December 2022 staying the operation of Rule 41A of the Rules

of 1981 and though the decision has been delivered on 21 st July 2023,

the Education Oicer has not considered the same and applied the

Government Circular for the purpose of rejecting the proposal.

5.       The Rules of 1981 came to be amended and Rule 41A was

1    Writ Petition No.8215 of 2022 & connected petitions, dtd. 21st July 2023.


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inserted governing the conditions for transfer of teachers from unaided

to partially aided or aided school or division and provided for such

transfers by the Management, subject to the conditions stated therein.

On 1st December 2022, the Government Resolution came to be issued by

the School Education and Sports Department stating that there are

certain irregularities in the matter of transfer of teachers in a manner

contrary to the Rule 41A as well as the Government Resolution dated 1 st

April 2021. The Circular came to be challenged before the Division

Bench of this Court in the case of Friends Social Circle, Akola (supra).

The Hon’ble Division Bench opined that as long as Rule 41A continues

on the statute book, its operation cannot be stayed by issuing a Circular

as has been done on 1st December 2022. The Hon’ble Division Bench set

aside the Circular dated 1st December 2022 to the extent, it stays the

operation of Rule 41A of the Rules of 1981.        Considering that the

decision was delivered in July 2023, the Education Oicer could not

have rejected the proposal on 3rd April 2025 by relying upon the said

Circular.

6.      In light of the above, the impugned order passed by the Education

Oicer is hereby quashed and set aside. The proposal is remitted to the

ile of the Education Oicer to be considered afresh.

7.      As the Education Oicer has rejected the same only on the




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                        ground of the Circular of 1 st December 2022, the Education Oicer to

                        reconsider the proposal and take a fresh decision within a period of six

                        weeks from today.

                        8.      The Writ Petition is disposed of accordingly.




                         [Neeraj P. Dhote, J.]                       [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.10.09
           19:04:11
           +0530




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