401- WP-12653-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12653 OF 2026 Kailas Dinkar Nikale ...Petitioner Versus The State of Maharashtra Thr The Prin. Sec. School Edu. & Sports Dept. & Ors ...Respondents _______ Ms Preeti Walimbe, with Varad V Sherlekar, Mayank R Tripathi, for petitioner. Ms Nisha M Mehra, AGP for Respondents-State. Mr Rahul Kadam, for Respondent No.5. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 23 SEPTEMBER 2026 P.C. 1. We have heard learned counsel for the parties. 2. The Petitioner is a teacher working with Respondent No.4-School, which is stated to be fully aided by the State. The Petitioner is contending that he is eligible for promotion to the post of Headmaster and to that effect, has made representations dated 02.07.2026, 20.07.2026 and 04.08.2026. Learned counsel for the Petitioner is praying for the relief in terms of prayer clause (d), which reads thus:- “d. In the alternative this Hon'ble Court may be pleased to direct Respondent Nos. 2 to 4 to consider and decide the representations/objections dated 02.07.2026, 20.07.2026 and 04.08.2026 submitted by the Petitioner before proceeding with the promotion process;” Shivgan 401- WP-12653-2026.DOC 3. Although neither the reply is filed on behalf of Respondent Nos.3 and 4 nor they are represented, considering the nature of the order intended to be passed, no prejudice will be caused to them. 4. In the facts and circumstances of the case, without going into the merits of the rival contentions, we are of the opinion that it is appropriate that Respondent Nos. 2 to 4 consider the said representations, which is the subject matter of the prayer, and decide the same expeditiously in accordance with law, after giving an opportunity of being heard to the Petitioner and Respondent No.5, as also the representatives of Respondent Nos.3 and 4-Institutions. 5. All contentions of the parties in that regard are kept open. 6. Let the parties appear before the Education Officer on 5th October 2026 at 2.30 p.m. and thereafter, after hearing the parties, a decision be taken within a period of four weeks. 7. At this stage, learned counsel for Respondent No.5 states that his client has already been promoted vide order dated 17th August 2026. He has placed on record a copy of the proposal and the letter dated 17th August 2026 forwarded to the Education Officer seeking approval. The same are taken on record and marked ‘X’. We do not intend to delve further on these contentions and it is for the authority to take into consideration the factual matrix on record and pass appropriate orders. 7. Disposed of. No costs. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) Shivgan SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.09.28 11:56:09 +0530