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2021 Supreme(Bom) 1022

UJJAL BHUYAN, M.G.SEWLIKAR
Rekha Ashok Khandare – Appellant
Versus
Bahuuddeshiya Shikshan Prasarak Mandal – Respondent


Advocates appeared:
L.V. Sangeet, Advocate, V.S. Choudhary, Advocate, A.S. Kulkarni, Advocate, S.R. Dheple, Advocate, Anilkumar Patil, Advocate

JUDGMENT

M.G. Sewlikar, J. - Rule. Rule made returnable forthwith.

2. With the consent of the parties, heard finally at the stage of admission.

3. By this petition under Articles 226 and 227 of the Constitution of India, petitioner is seeking the relief of quashing of order dated 26th March, 2019 passed by respondent No. 4 canceling transfer of the petitioner as Shikshan Sewak from unaided to aided school and order dated 17th September, 2019 transferring respondent No. 3 as Shikshan Sewak from unaided school to aided school.

4. Facts as set out in the petition are that the qualifications of the petitioner are B.A., B.Ed. and M.A. Respondent No. 1 is the school of which respondent No. 2 is the Head Master. Respondent No. 4 is the Education Officer.

5. It is contended in the petition that respondent No. 1 runs the school from 5th to 10th standards. The school has one division from 5th to 10th standards on grant-in-aid basis and another division on non-grant basis. Petitioner was appointed as Assistant Teacher in the year 2013 in unaided school. Petitioner teaches Marathi subject to 9th and 10th standards.

6. It is also contended in the petition that one Kishor Shankar Patil, an Assistant T

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