JAI SHIVRAI EDUCATION SOC THR ITS PRESIDENT AND ORS v. STATE OF MAHARASHTRA THR THE SECRETARY AND ORS
WP/16025/2024 · 2026-08-28
body2024
DailyLaw.ai
[ 2024 DAILYLAW 2299 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 2299 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
16-WP-16025-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16025 OF 2024 Jai Shivrai Education Soc Thr Its President And Others ...Petitioners. Versus State Of Maharashtra Thr The Secretary And Others ...Respondents. —————— Mr. Prashant Bhavake, Advocate for the Petitioners. Mr. A. A. Alaspurkar, AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 28, 2026.
P. C. :
1. The submission canvassed by Mr. Bhavake, learned counsel appearing for the Petitioners, while challenging the impugned order dated 11.01.2023, is that without giving an opportunity to the Management to comply with the deiciencies, the approval of Petitioner No.3 to the unaided post of Assistant Teacher has been rejected.
2. We have perused the order of 11.01.2023.
3. The proposal, which was sent for approval of Petitioner No.3, who was appointed to the unaided post of Assistant Teacher, has been rejected by the Education Oicer by listing several deiciencies.
4. It cannot be disputed that no opportunity of hearing was given to the Petitioners / Management to comply with the deiciencies and the proposal came to be rejected. Sameer 1 of
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16-WP-16025-2024.doc
5. In our view, it would be appropriate if an opportunity of hearing is given to the Management / Petitioners to satisfy the Education Oicer about the deiciencies cited in the impugned order and a fresh decision be taken by the Education Oicer. The impugned order dated 11.01.2023, to the extent that it rejects the proposal, is quashed and set aside.
6. The Management / Petitioners to comply with the deiciencies within a period of two weeks from today. The Education Oicer shall thereafter consider the proposal afresh within a period of four weeks thereafter.
7. The petition stands disposed of accordingly. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Sameer 2 of
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