72-wp-15022-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15022 OF 2023 Nita Annaso Patil ...Petitioner Vs The State Of Maharashtra Thr. The Secretary , School Education And Sports Department And Ors ...Respondents ….. Mr. Prashant Bhavake, Advocate for petitioner. Mr. Utkarsh Desaid, Advocate for respondent nos. 5 & 6. Mr. V. M. Mali, AGP for respondents-State. ….. CORAM : R.G. AVACHAT AND AJIT B. KADETHANKAR, JJ. DATE : 28th JANUARY, 2026. P.C: 1. Heard. 2. Considering the nature of the petition, the case pertains to rejection of approval to the petitioner’s appointment which is done by way of upgradation from a part-time post to a full-time post. 3. The facts are not in dispute. The petitioner was appointed on an unaided part-time post as an Assistant Teacher (English) on 1 of 4 adn 72-wp-15022-2023.doc 15th June 2014. On 29th August 2016, the petitioner’s appointment was approved by the Deputy Director of Education, and thereafter such approval was continued from time to time. 4. On account of superannuation of a full-time Assistant Teacher, namely Shri D. B. Gaikar, a vacancy on a fully aided post of full-time Assistant Teacher arose at Respondent No.6 – Junior College on 28th February 2022. Taking recourse to the scheme provided under the Government Resolution dated 10th June 2005, Respondent No.5 – the educational institution took a decision to upgrade the petitioner from a part-time post to a full-time post. 5. It is not disputed that the petitioner is duly qualified to be appointed/upgraded to the full-time post of Assistant Teacher (English). Accordingly, after following due process, the management appointed the petitioner to the said full-time post vide order dated 1st March 2022. Consequently, in August 2022, a proposal was submitted by the college and the management to the concerned authority, i.e., the Deputy Director of Education, seeking approval to the upgradation of the petitioner to the post of full-time Assistant Teacher. 6. On 6th October 2022, Respondent No.4 communicated 2 of 4 adn 72-wp-15022-2023.doc certain deficiencies in the proposal. As per the petitioner’s contention, the said deficiencies were duly removed by the management by forwarding a covering letter dated 9th February 2023. 7. It is the contention of Mr. Bhavake, learned Advocate for the petitioner, that despite removal of all deficiencies, the concerned authority, by the impugned order, rejected the proposal. He submits that the objections raised by the concerned authority fall into two categories: firstly, treating the upgradation of the petitioner from a part-time post to a full-time post as a fresh appointment; and secondly, objections relating to compliance of certain documentary requirements. 8. Mr. Bhavake, learned Advocate for the petitioner, submits that in view of the Government Resolution dated 10th June 2005, it is undisputed that the petitioner’s appointment is not a fresh appointment, but one of upgradation. Mr. Mali, learned AGP, fairly agrees with this contention and submits that the present case is one of upgradation and not a fresh appointment. 9. In view of the above, we deem it appropriate to permit the petitioner and the college management to submit a comprehensive 3 of 4 adn 72-wp-15022-2023.doc proposal to the Deputy Director of Education seeking approval to the appointment of the petitioner by way of upgradation. Such proposal shall be submitted within a period of four weeks from today. The petitioner and the college management shall submit all requisite documents as indicated in the impugned order. 10. The concerned authority shall bear in mind that the case is governed by the Government Resolution dated 10th June 2005 and that it is not a case of fresh appointment, but one of upgradation. The concerned authority shall take an appropriate decision on the proposal, in accordance with law, within a period of eight weeks from the date of submission of the proposal, after granting an opportunity of hearing to the parties. 11. The Writ Petition stands disposed of. [AJIT B. KADETHANKAR, J.] [ R.G. AVACHAT J.] 4 of 4 adn