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2025 DAILYLAW 4522 (BOM)

MS. URMILA SUBHASH SHIRKE (MRS. URMILA VIKAS JADHAV) AND ANR. v. THE STATE OF MAHARASHTRA THR. SECRETARY AND ANR.

WP/12549/2025 · 2026-09-08

body2025

Judgment text

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89-WP-12549-2025-2.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12549 OF 2025 Ms. Urmila Subhash Shirke (Mrs. Urmila Vikas Jadhav) And Another ...Petitioners. Versus The State Of Maharashtra Thr. Secretary And Another ...Respondents. —————— Mr. Sagar A. Mane a/w Rushikesh D. Jagdale & Neha A. Farakate for the Petitioners. Ms. Tejas J. Kapre, AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 08, 2026. P. C. : 1. At the outset, learned counsel appearing for the petitioner seeks leave to amend the cause title to implead the Divisional Chairman of the School Board. Leave granted. Amendment to be carried out forthwith. Re-veriication is dispensed with. 2. The petition challenges the impugned order dated 28th October 2025 passed by the Deputy Director of Education rejecting the petitioner's proposal for transfer from an unaided post to fully aided post of Shikshan Sevak by listing certain deiciencies. 3. Learned counsel appearing for the petitioners submitted that no Harish 1 of 3 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2026.09.09 13:03:20 +0530 89-WP-12549-2025-2.doc opportunity was given to the management to cure the deiciencies and the approval has been rejected. 4. Perusal of the impugned order would indicate that the rejection is by reason of the deiciencies noted therein and it would have been appropriate if an opportunity had been given to the management to cure the deiciencies so that a proper decision could be taken on the proposal. 5. As no opportunity was given to the management, we are inclined to set aside the impugned order dated 28th October 2025 to the extent that it rejects the proposal and remit the matter to the Deputy Director of Education to decide the proposal afresh after giving an opportunity to the management to cure the deiciencies. 6. The impugned order dated 28th October 2025 to the extent of rejection of the proposal is quashed and set aside. The management shall cure the deiciencies within a period of two weeks from today. 7. In the event the proposal is approved by respondent No. 2, appropriate steps shall be taken by respondent No. 2 for forwarding the proposal to the newly added respondent No. 3 for including the name of petitioner No. 1 in the Shalarth Pranali and for the allotment of a Shalarth ID. The proposal for approval to be decided within a period of six weeks after the submission of the compliances by the management. In event, the proposal is approved, the inclusion of the petitioner No.1’s Harish 2 of 3 89-WP-12549-2025-2.doc name in the Shalarth Pranali and allotment of Shalarth-Id to be carried out within a period of three weeks thereafter. The release of grant-in- aid within a period of three weeks thereafter. 8. The petition is allowed in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Harish 3 of 3