31-WP-7986-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7986 OF 2024 Vaibhav Shivaji Kodag … Petitioner Versus The State of Maharashtra And Ors … Respondents —————— Mr. Umesh Pawar for the Petitioner. Mr. S. B. Kalel, AGP for the Respondent-State. Mr. Prashant Bhavake for the Respondent Nos. 6 and 7. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : November 10, 2025. P. C. : 1. Heard learned Counsel for the parties. 2. Impugned order dated 25st September 2023 is passed by the Respondent No. 5-Education Oicer (Secondary), Zilla Parishad, Sangli. 3. Learned AGP appears for the Respondent-Education Oicer (Secondary) Zilla Parishad Sangli. Learned AGP supported the impugned order. However, we ind that the impugned order is passed without giving any opportunity to the parties. Shubham Talle 1 of 2 31-WP-7986-2024.doc 4. Mr. Bhavake, submits that if an opportunity were to be granted to the Management on the proposal as submitted by the Management, they could have explained the deiciencies. It is further submitted that it is only on account of the similarity in the sur-name of the Petitioner with another employee, that the proposal is rejected. The fundamental error in the impugned order, according to learned Counsel for the Petitioner is that the Petitioner’s appointment is fresh appointment and not on compassionate basis as is indicated in the order. Accordingly the impugned order is set aside and it be treated as show cause notice to the Respondent-Management. The Management to explain/cure deiciencies within a period of two weeks from today. Further deiciencies, if any, be informed by the Education Oicer to the Management within a period of four weeks from today. 5. The proposal to be decided afresh within a period of 10 weeks from the date of communication of this order. If the proposal is approved, Shalarth ID be issued expeditiously by the Respondent No. 4. 6. Writ Petition is disposed of. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] Shubham Talle 2 of 2 TALLE SHUBHAM ASHOKRAO Digitally signed by TALLE SHUBHAM ASHOKRAO Date: 2025.11.11 18:22:17 +0530