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Judgment
Sunil B. Shukre, J
Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.
The petitioner has been transferred from unaided school to aided school, run by the same management i.e. respondent No.5 and when it came for granting approval to said transfer, it was refused by respondent Nos.2 and 3. The question which arises therefore, is whether transfer from unaided school to aided school is permissible in law or not. This question has been answered as in the affirmative in the case of Miss. Devkar Dipali Kisan Vs. The State of Maharashtra in Writ Petition No.5313 of 2017 and Suryakant S/o Janardan Muge Vs. The State of Maharashtra in Writ Petition No.1493 of 2018.
The issue involved in this petition is thus squarely covered by these two judgments, which have been followed in the case of Ajay Vishwanath Kharade Vs. State of Maharashtra, 2021 SCC Online Bom 2218. There is no dispute about this position of law.
In view of above, the Writ Petition is allowed in terms of prayer clauses (i) and (ii).
The approval to the transfer of the petitioner from unaided school to aided school shall be granted by the Respondent No.3 within a period of two weeks from the date of receipt of copy of this order.
Rule is made absolute in the above terms. No costs.