18-WP-11950-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11950 OF 2025 Nishant Parashuram Mahalkari ...Petitioner Versus The State Of Maharashtra Thr. Secretary And Others ...Respondents —————— Mr. Sandeep Koregave a/w Ms. Supriya Koregave, for the Petitioner. Mr. A.P.Vanarase, AGP for the Respondent-State. Ms. Ashok Misal (through VC), for the Respondent No. 5. —————— Coram : SHARMILA U. DESHMUKH & NEERAJ P. DHOTE, JJ. Date : SEPTEMBER 11, 2026 P. C. : 1. By the present Petition, the Petitioner impugns the order dated 25th June, 2025 passed by the Education Officer rejecting the proposal for approval to the Petitioner’s appointment on a partially aided post of junior clerk with effect from 10th June, 2024 in Respondent No. 7-school. 2. The Petitioner was appointed in the Respondent No. 7 school after the post of junior clerk became vacant, upon retirement of one Mr. Parshuram Bhaskar Mahalkari on 30th April, 2024. On 8th April, 2024, Respondent No. 6 applied to the Respondent No. 5-Education Officer seeking permission to initiate the recruitment process to fill the said post by issuing advertisement, to which there was no response. Arya Chavan 1 of 4 2026:BHC-KOL:8848-DB 18-WP-11950-2025.doc Subsequently, the management issued an advertisement, to which the Petitioner applied and was selected by appointment order dated 10th June, 2024. On 12th June, 2024, a proposal was sent to the Education Officer seeking approval to the appointment of the Petitioner on the partially aided post of junior clerk in Respondent No. 7-school, which was rejected by the impugned order. 3. Learned counsel for the Petitioner would point out that the grounds for rejection was availability of surplus non-teaching staff, and in view of the communication dated 28th May, 2025. He would further submit that the Education Officer failed to notice that the Petitioner's appointment was made on 10th June, 2024 i.e. prior to the issuance of communication dated 28th May, 2025, and in any event, there was no surplus junior clerk available, as per the Education Officer’s own minutes regarding the availability of surplus staff. 4. Per contra, learned AGP would support the impugned order and would submit that since the post of junior clerk is of direct service, the appointment is required to be done after completing Sanch Manyata surplus rule as per the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981,and its regulations. 5. The only ground on which the approval was rejected is that the surplus non-teaching staff was available, and the communication dated 28th May, 2025, issued by the Director of Education prohibits approval to Arya Chavan 2 of 4 18-WP-11950-2025.doc be granted unless surplus staff is absorbed. Insofar as the communication dated 28th May, 2025 is concerned, the Petitioner has been appointed on 10th June, 2024, and after seeking permission from the Respondent-Education Officer on 8th April, 2024, to fill the post by issuing advertisement. It is only due to inaction on part of Respondent- Education Officer that the management, in compliance of Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, proceeded to fill the vacant post of junior clerk. In any event, the communication dated 28th May, 2025 already stands superseded by Government Resolution dated 11th August, 2026. The rejection on the ground of non-absorption of surplus junior clerk will also not survive in view of the Education Officer’s own minutes dated 16th July, 2025 annexed at page 51 of the Petition. Perusal of the said minutes would indicate that no surplus junior clerk was available at the time of the Petitioner's appointment. 6. In light of the above, the impugned order is clearly unsustainable and is hereby quashed and set aside. 7. The Education Officer is directed to grant approval to the appointment of the Petitioner on the post of junior clerk with effect from 10th June, 2024 within a period of three weeks from today. 8. After approval has been granted, Respondent No. 3 to include the name of the Petitioner in Shalarth Pranali and issue Shalarth ID within a Arya Chavan 3 of 4 18-WP-11950-2025.doc period of two weeks thereafter. The Petitioner’s arrears of grant-in-aid salary to be released within a period of three weeks thereafter. 9. The Petition is allowed in the above terms. 10. Applications, if any, do not survive for consideration and stand disposed of. [NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.] Arya Chavan 4 of 4