1 10926.2023WP.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 969 WRIT PETITION NO. 10926 OF 2023 SHAIKH AAYESHA PARVEEN JAMEEL ALIAS AAYESHA MAHAMAD KASIM SHAIKH VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for the Petitioner : Mr.Lagad Y.H. AGP for Respondent/State : Mr. A.V. Lavte Advocate for Respondent nos.4 and 5 : Ms. Ashwini Mate h/f Ms. M.S. Mhase Advocate for Respondent no.4 : Mr. D.R. Kale Advocate for respondent no.3 : Mr. A.D. Aghav ... CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ. DATED : 18th MARCH, 2026. ORDER : . By this petition, the petitioner seeks following reliefs :- "B. By issue of writ of certiorari or order or direction in the like nature, the impugned order dated 26/04/2023 (Exhibit- N) passed by the Respondent No.3 - Education Officer may kindly be quashed and set aside with directions to grant approval in favour of petitioner working since 01/02/2017 with respondent no.5 - school. C. By issue of writ of mandamus or order or direction in the like nature, the respondent no.2 Deputy Director of Education may kindly be directed to grant Shalarth I.D. in favour of petitioner and to see that she will get her arrears and salary." 2026:BHC-AUG:12177-DB 2 10926.2023WP.odt 2. Zilla Parishad resisted the prayers of the petitioner stating that as per sanctioned staffing pattern no posts are vacant. Record reveals that in the impugned order five reasons/deficiencies are quoted. Respondent no.4 has removed those deficiencies and communicated the same to respondent no.3 – Education Officer on 19.05.2023 vide Exhibit-E. 3. Prima facie, there appears substance in the contention of the petitioner that one assistant teacher Aisha Hameed Bhaibagban stood retired and in her place the petitioner was appointed by following due procedure. 4. Admittedly, respondent no.4 is a minority institution. Therefore, the ban imposed by the Government, vide Government Resolution dated 4th May, 2020, is not applicable to the minority institutions. 5. In view of the above, the impugned order dated 26.04.2023 is hereby quashed and set aside. The proposal of the petitioner for approval is remitted back to respondent no.3, who shall consider it by taking into consideration the proposal forwarded on 19.05.2023, removing the deficiencies, within a period of eight weeks from the date of receipt of this order. 6. Writ Petition is disposed of in the above terms. (VAISHALI PATIL-JADHAV,J.) (NITIN B. SURYAWANSHI,J.) sga