ATPADI EDUCATION SOCIETY THROU ITS PRESIDENT /SEC.AND ORS v. THE STATE OF MAHARASHTRA THROU. THE SEC. SCHOOL EDUCATION AND SPORTS DEPT AND ORS
WP/15449/2024 · 2025-12-05
Shri Ajit B Kadethankar, Shri M S Karnik
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 74642 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74642 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24-15449-2024-CWP=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15449 OF 2024 Atpadi Education Society, Atpadi & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents …………. Mr. N.V. Bandiwadekar, Senior Advocate (through VC) a/w Rajvardhan S. Chougule i/b Balasaheb G. Ligade for the Petitioners. Mr. A.P. Varanase, AGP for the Respondent - State. …………. Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 05, 2025. P. C. :
1. The petitioner No.1 is an Educational Institution, which runs and administers the afairs of petitioner No.2 and 4 schools. Petitioner No.3 is the employee in respect of whose approval the present petition is iled by the employee as also by the school and the school management. Learned counsel for the petitioners submits that the petitioner No.3 was appointed on the post of Shikshan Sevak w.e.f. 23rd August 2012 initially in the petitioner No.2 school. Learned counsel for the petitioner would submit that the petitioner possesses the requisite Uday S. Jagtap 1 of
3 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2025.12.08 14:22:49 +0530
24-15449-2024-CWP=.doc qualiication i.e. M.A. B.Ed. to be appointed on the subject matter post. He would submit that the proposal was also submitted by the school management for approval to the appointment of the petitioner. However, vide letter dated 29th May 2023, the Education Oicer (Secondary) Z.P. Sangli rejected such proposal thereby mentioning two queries. Learned counsel for the petitioner would submit that had the Education Oicer given an opportunity of hearing to the petitioners, the petitioners / school management could have resolved those deiciencies. In view of this, we deem it appropriate to dispose of the writ petition on the following directions. 2. The order dated 29th May 2023 issued by the Education Oicer (Secondary), Z.P. Sangli thereby declining the proposal to the appointment of the petitioner No.3 be treated as show-cause notice to the petitioner. The petitioners shall submit a comprehensive representation together with all explanation and such material showing that the deiciencies stand resolved within a period of 4 weeks from today. Upon receipt of such comprehensive proposal and explanation from the petitioner, the Education Oicer (Secondary) Z.P. Sangli shall decide the proposal within 8 weeks thereafter on its own merits. Uday S. Jagtap 2 of
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24-15449-2024-CWP=.doc
3.
Needless to mention that the Education Oicer may call upon the petitioners to seek any clariication or explanation on any point, if necessary. If the Education Oicer approves the proposal, the shalarth ID shall be granted to the petitioner by the Deputy Director of Education within 2 weeks thereafter and salary shall be released accordingly. 4. All contentions are kept open. The Writ Petition is disposed of. [Ajit B. Kadethankar, J. ] [ M. S. Karnik ] Uday S. Jagtap 3 of
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