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2025 DAILYLAW 58834 (BOM)

DIPAK SHANTARAM BADADE v. THE STATE OF MAHARASHTRA THR THE SECRETARY SCHOOL EDUCATION AND SPORTS AND ORS

WP/6750/2024 · 2025-11-10

Shri Ajit B Kadethankar, Shri M S Karnik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29-WP-6750-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6750 OF 2024 Dipak Shantaram Badade … Petitioner Versus The State of Maharashtra And Ors … Respondents —————— Mr. Prashant Bhavake for the Petitioner. Mrs. S. N. Deshmukh, AGP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : November 10, 2025. P. C. : 1. Heard learned Counsel for the Petitioner. 2. Learned AGP sought time to take instructions and ile aidavit- in-reply. 3. Learned Counsel for the Petitioner invited our attention to the impugned order which is at page 79 of the paper book. The impugned order dated 5th December 2022, wrongly records that the proposal submitted by the Management is granted. It should be that the proposal submitted by the Management is rejected for the reasons Shubham Talle 1 of 3 29-WP-6750-2024.doc mentioned in the impugned order. It is pointed out by the Petitioner that before the impugned order was passed no opportunity was granted to the Management for curing/rectifying the deiciencies. 4. Learned Counsel for the Petitioner submitted that had such an opportunity been granted, the Management would be in a position to explain the deiciencies. 5. Though the Management is not appearing, we still proceed to pass the order, as the proposal itself was submitted by the Management and it is ultimately in the interest of the Petitioner that a proper decision on the proposal has to be taken. 6. In our opinion, though learned AGP has requested for time, the Petition can be disposed of by directing the Education Oicer (Secondary) Zilla Parishad, Ratnagiri, to treat the impugned order as show cause notice to the Respondent-Management, as no opportunity was granted to the Management to cure the deiciencies. 7. Within a period of two weeks from today the Management to explain/cure the deiciencies. In case any further explanation is required from the Management, the Education Oicer (Secondary) to grant an opportunity to the Management to do so within a reasonable time. 8. The proposal submitted by the Management which is subject matter of the present Petition for approval to the appointment of the Shubham Talle 2 of 3 29-WP-6750-2024.doc Petitioner as a peon, be decided afresh on its own merits within a period of 10 weeks from the date of communication of this order. 9. In case approval is granted, the Shalarth ID be issued by the Respondent No. 4-Deputy Director of Education to the Petitioner expeditiously. 10. Writ Petition stands disposed of. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] Shubham Talle 3 of 3 TALLE SHUBHAM ASHOKRAO Digitally signed by TALLE SHUBHAM ASHOKRAO Date: 2025.11.11 18:31:51 +0530