High CourtsDivision Bench(2021) 12 BOM CK 0042

Lok Shikshan Sanstha And Others vs Education Officer

Bombay High Court · Decided on 11 December 2021

HON’BLE JUDGES
Sunil B. Shukre, J · Anil L. Pansare, J
RESULT
Allowed
CASE NUMBER
Writ Petition No.3520 Of 2021

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Judgment

7 paragraphs · 172 words

Sunil B.Shukre, J

1.

Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent.,

3.

This Court has in a detailed order passed on 16.09.2021, already taken a view that the Education Officer could not have refused approval to the transfer of the petitioner from one School to another School receiving grant-in-aid, when both the Schools are under the same management and that grant of approval to such a transfer by the Education Officer is a mere formality, in view of the law laid down by the coordinate Bench of this Court, in the case of Sayada Mumtaz Jahan Sayad Ahteshmuddin vs. Talat Shikshan Mandal, Aurangabad, reported in 2016(4) Mh.L.J. 511.

4.

This position of law has still not changed and,therefore, the issue involved in this petition, we must say, is fairly covered by the view so taken in Sayada Mumtaz's case (supra).

5.

In the result, the Writ Petition is allowed in terms of prayer Clauses (1) and (2).

6.

Rule is made absolute in the above terms. No costs.