62-Wp-4458-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4458 OF 2022 Sayali Vishwanath Meru … Petitioner Versus The State of Maharashtra & Ors. … Respondents —————— Mr. Chetan G. Patil a/w. Ms. Siddheshwari Chavan & Mr. Prathamesh Magdum for the Petitioner. Mr. V. M. Mali, A.G.P. for the Respondent-State. —————— Coram : R.G. AVACHAT & AJIT B. KADETHANKAR, JJ. Date : 28th January 2026. PER COURT : 1. Heard Mr. Patil, learned counsel for the Petitioner, and Mr. Mali, learned A.G.P. for the Respondents–Authorities. It is an undisputed fact that the Petitioner was appointed to the post of Junior Clerk way back in the year 2007. 2. Mr. Patil, learned counsel for the Petitioner, submits that at the relevant time the said post was not formally sanctioned; however, the same came to be sanctioned in the year 2018. When the proposal was submitted by the osk 1 of 3 62-Wp-4458-2022.doc Management to the Education Officer for grant of approval to the services of the Petitioner, the Education Officer, vide Order dated 3rd February 2022 (Exh. ‘H’), rejected the proposal mainly on two grounds: (i) That, the advertisement was not issued by the School Management in pursuance of the G.R. dated 6th February 2012; and (ii) That, pursuant to the G.R. dated 4th May 2020 issued by the Finance Department, there was a ban on recruitment of employees in private schools. 3. It is a matter of record, and as fairly stated by the learned A.G.P., that the Petitioner was appointed in the year 2007. There is no dispute raised by the Education Officer or any other Authority that due process was not followed by the School Management at the time of appointment. In these circumstances, the G.Rs. dated 6th February 2012 and 4th May 2020 would not be applicable to the appointment of the Petitioner, which had taken place much prior thereto. Therefore, we find that the Education Officer ought to have granted approval to the Petitioner’s appointment. 4. As far as grant-in-aid is concerned, it is also a matter of fact that the post on which the Petitioner was appointed, and which is the subject matter of the present Petition, came to be formally sanctioned in the year 2018. Consequently, the salary grant shall be payable only from the year 2018 onwards. In view of the above, we deem it appropriate to allow the Writ Petition with a direction to the Education Officer (Secondary), Zilla Parishad, osk 2 of 3 62-Wp-4458-2022.doc Sangli, to grant approval to the Petitioner’s appointment to the post of Junior Clerk with effect from 1st August 2007. However, the salary grant in respect of the said post shall be payable only from the academic year 2018-2019 onwards. The Education Officer (Secondary), Zilla Parishad, Sangli, shall complete the aforesaid exercise within a period of sixteen (16) weeks from today. 5. The Petition stands allowed in the aforesaid terms. [ AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ] osk 3 of 3 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.01.29 11:48:21 +0530