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2025 DAILYLAW 72459 (BOM)

MRS. REBECCA ASHUTOSH BEDEKAR v. STATE OF MAHARASHTRA , SCHOOL EDU. DEPT. AND ORS.

WP/7898/2022 · 2025-11-11

Shri Ajit B Kadethankar, Shri M S Karnik

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Judgment text

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21 Wp-7898-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7898 OF 2022 Rebecca Ashutosh Bedekar. ...Petitioner. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Prashant Bhavake and Utkarsh Desai for the Petitioner. Ms. T. J. Kapare, AGP for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : November 11, 2025. P. C. : 1. Heard learned Counsel for the Petitioner. 2. By an order dated 17th May 2017, the Petitioner’s case for individual approval as a Shikshan Sevak is rejected on the ground that there was no post available in the staing pattern for the year 2016- 17. Thereafter, the Education Oicer (Secondary) by another order which is impugned in this petition, namely, the order dated 26th November 2018, has listed out 5 deiciencies rejecting the Petitioner’s case for grant of individual approval for appointment as Shikshan Sevak. It is the contention of learned Counsel for the Petitioner that her qualiication was HSC, D.Ed. It is submitted that for the period 2013, there was post available for D.Ed. In fact, it is vehemently Patil-SR 1 of 3 21 Wp-7898-2022.doc contended that there were excess posts for B.Ed category but not for D.Ed. Category. It is further submitted that Education Oicer has committed an error in considering the staing pattern for the year 2016-17 while rejecting the claim of Petitioner. 3. Learned AGP supported the impugned order. It is submitted that the proposal has been rejected by a well reasoned order. 4. We ind that management has iled an aidavit-in-reply which is airmed by one Dinanath Kadam, supporting the contentions of Petitioner and justifying the proposal submitted by the management. In this view of the matter, we are of the opinion that the impugned order dated 26th November 2018, copy of which is at Exhibit-“L” to the petition, can be treated as show cause notice to the Petitioner and management. Ordered accordingly. 5. The management shall explain / cure the deiciencies mentioned in the said show cause notice within 3 weeks from today. After receipt of explanation from the management, Education Oicer to pass a fresh order on the proposal for grant of individual approval to the appointment of Petitioner as Shikshan Sevak, which is the subject matter of present petition, within a period of 12 weeks from the date of receipt of a copy of this order. 6. The Education Oicer shall pass a fresh order on its own merits and without being inluenced by the orders dated 17th May 2017 and Patil-SR 2 of 3 21 Wp-7898-2022.doc 26th November 2018. 7. In case, individual approval is granted to the appointment of Petitioner, Shalarth Id be issued expeditiously. 8. Petition stands disposed of with the aforesaid directions. [Ajit B. Kadethankar, J.] [M. S. Karnik, J.] Patil-SR 3 of 3