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2025 DAILYLAW 72193 (BOM)

PRADEEP SHAMRAO MANE v. THE STATE OF MAHARASHTRA THR THE SECRETARY SCHOOL EDUCATION AND SPORTS DEPT AND ORS

WP/8784/2022 · 2025-12-16

Shri Ajit B Kadethankar, Shri M S Karnik

body2025

Judgment text

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37-WP-8784-2022.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8784 OF 2022 Pradeep Shamrao Mane ] Petitioner versus The State of Maharashtra and others ] Respondents ….. Mr. Prashant Bhavake, for Petitioner. Ms. T.J. Kapre, A.G.P, for Respondent Nos.1 to 4 – State. Mr. Kedar Lad, for Respondent No.5. Mr. Utkarsh Desai, for Respondent Nos.6 and 7. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ. DATE : 16th DECEMBER, 2025. P.C: 1. Heard learned Counsel for the petitioner. 2. Mr. Lad, learned Counsel appears for respondent No.5 – The Education Oicer (Primary), Zilla Parishad, Kolhapur and argued in support of the impugned order which is at page 198 of the paper book. 3. Mr. Lad submitted that the proposal which was submitted was deicient for the reasons stated in the impugned order. However, in our opinion, respondent Nos.6 and 7 - Management should have been given an opportunity of explaining/curing the deiciencies which 1 of 2 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2025.12.17 19:23:04 +0530 37-WP-8784-2022.doc have been mentioned in the impugned order. No such opportunity was given to the Management in which case, learned Counsel for the petitioner submitted that the Management would have been in a position to explain the same. 4. We are, therefore, inclined to set aside the impugned order dated 7th March, 2022. The impugned order be treated as “Show Cause Notice” to the petitioner. The deiciencies mentioned in the impugned order be cured by respondent Nos.6 and 7 - Management, which is so assured by them, within a period of four weeks from today. Any additional deiciencies be intimated by the Education Oicer to the Management by giving them an opportunity to cure the deiciencies. The proposal to grant individual approval to the appointment of the petitioner on an un-aided post of Assistant Teacher be decided as expeditiously as possible and within a period of sixteen weeks from the date of communication of this order. 5. In case, the approval is granted, Shalarth ID be issued by the Deputy Director expeditiously. 6. The petition is disposed of in the aforesaid terms. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] 2 of 2