909_WP_642&662_2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 642 OF 2024 1. Jameela Bano Mahmudul Hasan Age-45 years, Occ – Service, R/at – House No.49, Hirapanna Colony, Malegaon Nashik 423203 2. More Vishal Pandit Age-35 years, Occ- Service R/at Block No.1, Room No.7, Nadva Road, Police Line, Nandurbar-425413 ...Petitioners Versus 1. The State of Maharashtra through the Secretary Department of Education and Sports Mantralaya Mumbai, 400001 2. The Education Officer (Secondary) Zillah Parishad, Nashik 3. Dy Director (Secondary) Nashik Divisional Commissioner Zillah Parishad, Nashik 4. Chairman/Secretary through Akhlaque Ahemad Mohammad Ayyb SK Usman Education Society Malegaon 5. Head Master SK Usman Education Society M.H.B.Colony Malegaon Nashik-423203 ...Respondents WITH WRIT PETITION NO. 662 OF 2024 1. Rizwana Bano Jamal Hashim Age-38 years, Occ- Service R/at Survey No.120, Plot No.-65 Naurang Colony, Malegaon, Nashik-423203 Prasad 909_WP_642&662_2024.DOC 2. Momin Tayyaba Kauser Ejaj Zahir Age-31 years, Occ- Service R/at Near City College Islampur, Malegaon, Nashik-423203 3. Mohd Shoeb Akhlaque Ahmad naga Age-33 years, Occ-Service R/at Sl No.-21, Plot No.15, Old Agra Road, Ayasha Nagar Masjid Maaulana Yousuf Nagar, Malegaon, Nashik-423203 4. Ashafa Badre Alam Age-42 yrs, Occ- Service R/at – House No.770, Rasoolpura, Malegaon, Nashik-423203 5. Javed Iqbal Aslam Shaikh Age-33 yrs, Occ- Service R/at – Madni Nagar In front of Umar Masjid, Jamner Jalgaon 6. Mehar Bano Muoninuddin Age-45 yrs, Occ- Service R/at-Plot No-7 Galli No-1 Gandhi Nagar, Guruwar Ward, Malegaon, Nashik-423203 7. Monali Jagannath Hire Age-39 yrs, Occ- Service R/at- Deoghat, Malegaon, Nashik-423105 8. Asma Firdauss Anis Ahamad Age-32 yrs, Occ- Service R/at-796/28, Islamabad Raviwar Ward, Malegaon, Nashik-423203 9. Thakare Kishor Chintaman Age-32 yrs, Occ- Service R/at- Kalgaon, Dhamnar, Sakri, Dhule, 424310 10. Sayma Abdul Wadud Age-38 yrs, Occ- Service R/at- House No-509, Galli No-2 M.H.B Colony, Malegaon, Nashik-423203 Prasad 909_WP_642&662_2024.DOC 11. Shaikh Rizwan Ahmad Kamruddin Age-33 yrs, Occ- Service R/at-3781, Gauslaya Nagar, Kasoda Jalgaon-425160 12. Sama Parveen Sultan Ahmad Age-37 yrs, Occ- Service R/at-Ghar No-928 Chuna Bhatti, Malegaon, Nashik-423203 ...Petitioners Versus 1. The State of Maharashtra through the Secretary Department of Education and Sports Mantralaya Mumbai, 400001 2. The Education Officer (Secondary) Zillah Parishad, Nashik 3. Dy Director (Secondary) Divisional Commissioner Nashik 4. Chairman/Secretary through Akhlaque Ahemad Mohammad Ayyb SK Usman Education Society Malegaon 5. Head Master SK Usman Education Society M.H.B.Colony Malegaon Nashik-423203 ...Respondents _______ Mr. Sanjeev B. Deore a/w Suchita J. Pawar, Arman Ansari, Aditya S. Deore and Shamshadali Hashmi, for Petitioners. Ms. Priyanka B. Chavan, AGP for the Respondent – State. Ms. Panthi Desai i/by M/s M.P. Vashi & Asso. for Respondent Nos. 4 and 5. _______ Prasad 909_WP_642&662_2024.DOC CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 18th AUGUST 2026 P.C. 1. We have heard learned Counsel for the parties. The prayers made in these two petitions refer to the order dated 22.12.2022 passed by the Education Officer. The grievance of the Petitioners, who are the Assistant Teachers, is in regard to the proposal as submitted by Respondent – Management is not approved by the Education Officer (Secondary), Zillah Parishad, Nashik, in regard to their appointment. 2. We have perused the impugned communication dated 22.12.2022, which has considered the proposals which were forwarded. There are about 16 issues raised on the basis of which the proposal has not been accepted. It clearly appears that there is dispute between the Management and some disputes are also subject matter of proceedings including the change reports which are pending adjudication before the authorities of the Charity Commissioner. We do not intend to delve upon the issues. 3. In the event, the Petitioners’ appointments are legal and valid and are in accordance with the Rules, then all the credentials in that regard are required to be submitted, as there are 16 compliances which are called for in the impugned communication dated 22.12.2022, we are of the opinion that the clear proposal demonstrating compliance of each and every aspect as pointed out by the Education Officer will be required to be submitted and if something is not warranted appropriate explanation in that regard be submitted, which would Prasad 909_WP_642&662_2024.DOC require the consideration of the said officer. Let Respondent Nos. 4 and 5 – Management, submit a fresh proposal within a period of four weeks from today. The Education officer shall consider the same in accordance with law and after granting opportunity of a hearing and verification of all the documents as may be submitted to the Education Officer to take an appropriate decision. We observe that the Education Officer will bear in mind that any dispute inter se between the members of the Society and those who are managing the educational institution ought not to cause any prejudice to the Petitioner and in the event any such issues apart from the other credentials being satisfied are noted the same would be required to be dealt strictly as the law would mandate and not in a manner prejudicial to the Petitioner. 4. With the aforesaid observations, as we have directed fresh consideration, the Petitions do not require further adjudication. Petitions stand disposed of in the aforesaid terms. No cost. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) Prasad PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.08.21 10:24:19 +0530