31-WP-10584-2022(C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10584 OF 2022 The Hind Education Society, Miraj Through President / Secretary And Others ...Petitioners Versus The State of Maharashtra and Others ...Respondents —————— Mr. Prashant Bhavake, for the Petitioners. Ms. Tejas J. Kapre, AGP for the Respondent-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 24, 2026. P. C. : 1. By the present Petition, the challenge is to the impugned order dated 28th February, 2020, passed by Respondent No. 2 – Joint Director, whereby the Petitioners' proposal seeking approval for the appointment of Petitioner No.3 to the unaided post of Instructor at Petitioner No. 2-Secondary School with effect from 9th November, 2011, came to be rejected. 2. The learned counsel appearing for the Petitioners would point out that the proposal was rejected on two grounds. Firstly, that the proposal was not submitted in accordance with the Government Resolution dated 11th March, 2010; and secondly, that before filling up the vacant post, prior permission was not obtained. Jamadar - SL 1 of 5 2026:BHC-KOL:9227-DB 31-WP-10584-2022(C).doc 3. Drawing the attention of this Court to the proviso to Section 5(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (“MEPS Act”) and Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (“MEPS Rules”), he submits that the condition of absorption of surplus employees applies only in the case of aided schools and, in the present case, the appointment was an unaided post of Instructor. He submits that, therefore, the said reason for rejection is unsustainable. 4. He would further point out that, even otherwise, the condition as regards obtaining prior permission was introduced by Government Resolution dated 6th February, 2012, and Petitioner No.3 has been appointed on 9th November, 2011, i.e. prior to the issuance of the Government Resolution. He would draw support from the decision of this Court in the case of Vishal Tanaji Dhas & Others v. State of Maharashtra1, wherein this Court has held that the permission from the Education Officer will be required only where the post is an aided post. 5. He would further submit that the rejection on the ground of non- compliance with the procedure prescribed in the Government Resolution dated 11th March, 2010, is extremely vague, and it is not set out as to what procedure was not followed. He would further point out that the Government Resolution dated 11th March, 2010, provides for 1 In Writ Petition No.19465 of 2024, dated 22nd April, 2026. Jamadar - SL 2 of 5 31-WP-10584-2022(C).doc the proposals to be submitted in the camps to be organized and the approval cannot be rejected on such technical ground. 6. Per contra, the learned AGP would support the impugned order and would submit that, as the Government Resolution dated 11th March, 2010, provides for the proposal to be submitted in the camps which are organized on a regular basis, there was no requirement of sending any individual proposal to the office of the Education Officer. She submits that, as the prescribed procedure for submission of the proposal was not followed, the approval has been rightly rejected. Learned AGP would further point out that there is a delay of two years in filing of the Petition, which has not been explained. 7. We have considered the submissions and perused the record. 8. Perusal of the Government Resolution dated 11th March, 2010, indicates that, for the purpose of granting individual approvals, the Government had resolved that, at every district level, camps would be organized in which such proposals would be decided. Even if the Government Resolution dated 11th March, 2010, directs the proposal to be submitted in the camps which are duly organized, the submission of an individual proposal to the office of the Education Officer cannot constitute violation of any statutory rules or regulations. The Education Officer, in discharge of his duty, is bound to consider the proposal which is presented for approval, and merely because the same was not Jamadar - SL 3 of 5 31-WP-10584-2022(C).doc submitted in the camps organized at the district level, the proposal cannot be rejected. 9. Insofar as the ground as to prior permission not having been obtained prior to filling up the vacant post is concerned, the decision in the case of Vishal Tanaji Dhas and Others (supra) squarely covers the said issue. In the said case, on identical grounds, the Education Officer had rejected the proposal. The Hon'ble Division Bench considered the provisions of Section 5 of the MEPS Act and Rule 26 of the MEPS Rules and held that, while appointing a candidate against the post which is not receiving grant-in-aid, the proviso to Section 5, sub-clause (1) is not applicable. The Hon'ble Division Bench also noted the Government Resolution dated 6th February, 2012, and that the intent of the Government Resolution was first to absorb the surplus teachers from the list of surplus teachers maintained by the Education Officer. 10. In the present case, admittedly, the Petitioners seek approval for the appointment of Petitioner No.3 to the unaided post of Instructor. Following the decision in the case of Vishal Tanaji Dhas and Others (supra) , the said ground does not survive. 11. Perusal of paragraph 11 of the Petition would indicate a specific pleading that the Petition is filed without any delay or laches in view of the decision of the Hon'ble Apex Court in Suo Motu Writ Petition No. 3 Jamadar - SL 4 of 5 31-WP-10584-2022(C).doc of 2020, by which the period of limitation was extended during the COVID-19 pandemic. 12. In light of the above, the impugned order is clearly unsustainable and is hereby quashed and set aside. 13. Respondent No.2 – Joint Director is directed to grant the approval to the appointment of Petitioner No.3 within a period of three weeks from today. 14. The Petition is allowed in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Jamadar - SL 5 of 5