SMT. MANISHA ISHWARA PATIL v. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY, AND SPORTS DEPT. AND ORS
WP/15931/2023 · 2026-08-27
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2944 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2944 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
36-WP-15931-2023(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15931 OF 2023 Smt. Manisha Ishwara Patil ...Petitioner Versus The State of Maharashtra and Others ...Respondents —————— Mr. Prashant Bhavake, for the Petitioner. Mr. R.P. Kadam, ‘B’ Panel Counsel for the Respondent-State. —————— CORAM : SHARMILA U. DESHMUKH & NEERAJ P. DHOTE, JJ. DATE : AUGUST 27, 2026. P. C. :
1. The limited grievance in the present petition is that without giving an opportunity of hearing to the Petitioner and the management to comply with the deficiencies set out in the order of rejection dated 22nd June, 2023, the Petitioner's proposal seeking approval has been rejected. 2. Mr. Bhavake would submit that the principles of natural justice have not been complied with and that in the event an opportunity is given to comply with the deficiency, appropriate documents and explanation would be tendered to the Deputy Director of Education. Jamadar-SL 1 of
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36-WP-15931-2023(C).doc
3. A perusal of the impugned order dated 22nd June, 2023 would indicate that by listing about 8 deficiencies and on the basis of the Government Resolution dated 2nd May, 2012, which imposed a ban on recruitment, the Petitioner's proposal for approval has been rejected. Before rejecting the proposal, no explanation was called for from the management and no opportunity of hearing was given. 4. As the management was not given an opportunity of complying with the deficiencies, in our view, the petition can be disposed of by permitting the Petitioner and the management to submit the necessary compliance and explanation in respect of the deficiencies which are noted in the order of 22nd June, 2023. 5. The Deputy Director of Education to consider the documents and the explanation tendered by the management and take decision afresh. 6. The impugned order dated 22nd June, 2023, to the extent that it rejects the proposal, is hereby quashed and set aside. 7. The management to comply with the deficiency and submit its explanation within a period of two weeks from today. 8. Upon receiving the appropriate explanation, the Deputy Director of Education to consider the proposal afresh after giving an opportunity of hearing to the management. Jamadar-SL 2 of
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36-WP-15931-2023(C).doc
9.
In the event, the proposal is approved, the Respondent No.2 to include the Petitioner's name in the Shalarth Pranali and allot the Shalarth ID within a period of four weeks thereafter and release the salary within a period of three weeks thereafter. 10. The petition is disposed of in the above terms. [NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.] Jamadar-SL 3 of
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