43-WP-10458-2025(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10458 OF 2025 Subhash Siddheshwar Jagatap ...Petitioner Versus The State of Maharashtra and Others ...Respondent —————— Mr. Prashant Bhavake, for the Petitioner. Mr. Siddheshwar B. Kalel, AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 23, 2026. P. C. : 1. By the present petition, challenge is to the order of Education Officer dated 23rd January, 2025, by which Petitioner’s proposal for transfer from non-teaching staff to teaching staff as Assistant Teacher came to be rejected. Perusal of the impugned order would indicate that the Education Officer has rejected the proposal by placing reliance on Government Resolution of 1995. 2. Mr. Bhavake, learned Counsel appearing for the Petitioner would submit that Government Resolution dated 18th September 1995 would in fact support the case of Petitioner which provides for giving priority to the transfer of non teaching staff to the teaching post in private schools while filling up the vacant posts. Jamadar - SL 1 of 3 2026:BHC-KOL:9154-DB 43-WP-10458-2025(C).doc 3. Per contra learned AGP would submit that Government Resolution of 1995 though directs preference to be given to the appointment of non teaching staff while filling up the vacant posts of teaching staff, the impugned order records that Schedule ‘F’ of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is not amended. 4. We have considered the submissions and perused the record. 5. It is apparent that rejection of the Petitioner’s proposal is premised on the ground that though Government Resolution dated 18th September 1995, states of preference to be given to non-teaching staff, Scheduled “F” is not amended. The Education Officer is bound by the said Government Resolution dated 18th September, 1995 which provides preference to the non teaching staff while filling up the teaching post, which has fallen vacant. 6. The management has sent the proposal for approval in view of the vacancy in the post of Assistant Teacher. Without any consideration of Government Resolution dated 18th September 1995, the Education Officer has rejected the said proposal. 7. The impugned order rejecting the Petitioner’s proposal is clearly unsustainable, and is hereby quashed and set aside. Respondent No.3 to grant approval to the Petitioner’s appointment to the post of Assistant Teacher with effect from 5th January, 2023 with all consequential Jamadar - SL 2 of 3 43-WP-10458-2025(C).doc benefits. Approval to be granted within a period of two weeks from today. 8. The Petition is allowed in above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Jamadar - SL 3 of 3