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2025 DAILYLAW 2679 (BOM)

DIPAK VIJAY RATHOD AND OTHERS v. THE STATE OF MAHARASHTRA THR. THE SECRETARY AND OTHERS

WP/13092/2025 · 2026-08-19

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Judgment text

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65-WP-13092-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13092 OF 2025 Dipak Vijay Rathod And Others ...Petitioners. Versus The State Of Maharashtra Thr. The Secretary And Others ...Respondents. —————— Mr. Prashant Bhavake for the Petitioners. Mr. Siddheshwar B. Kalel AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 19, 2026. P. C. : 1. By the present petition, an exception is taken to the order dated 11.07.2025 passed by the Education Oicer, rejecting the proposal submitted by petitioner Nos. 2 and 3 seeking individual approval for the appointment of petitioner No. 1 to the post of Junior Clerk in the petitioner No. 3-Secondary School. 2. We have perused the impugned order dated 11.07.2025. The Education Oicer has enumerated several deiciencies and rejected the Petitioners’ proposal, however, this was done without granting any opportunity to the management to comply with the deiciencies. 3. As no opportunity was given to the management to cure the Harish 1 of 2 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2026.08.20 10:44:45 +0530 65-WP-13092-2025.doc deiciencies, we are inclined to quash and set aside the order of 11.07.2025 to the extent that it rejects the proposal of the Petitioners. 4. The management to comply with the deiciencies set out in the impugned order within a period of two weeks from today. 5. The Education Oicer to give an opportunity of hearing to the management and/or the Petitioner in the event he is not satisied with the explanation and/or the documents submitted by the management. After hearing the parties as indicated above, the Education Oicer to decide the application afresh. 6. The petition is disposed of in the above terms. 7. In the event the approval is granted, Respondent No. 4 -Deputy Director of Education to take steps for including the Petitioner’s name in the Shalarth Pranali and issue the Shalarth ID within a period of three weeks thereafter. The arrears of salary are to be paid within a period of four weeks thereafter. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Harish 2 of 2