403-WP-12697-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12697 OF 2026 Aaba Mahadu Bidgar and Anr. ...Petitioners Versus The Education Officer (Secondary) Zilla Parishad Nashik and Ors. ...Respondents _______ Mr. Anilkumar Patil i/by Digvijay A. Patil, for the Petitioners. Ms. P.N. Diwan, AGP for the Respondent – State. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 24th SEPTEMBER 2026 P.C. 1. By this petition, the Petitioners seek a direction to Respondent No. 1 – the Education Officer (Secondary) to decide the proposal dated 20th November 2025 for approval of the Petitioner’s promotion to Headmaster. 2. Petitioner No. 1 has been working as an Assistant Teacher since 1st September 1995 at a secondary school in Nandurshingote, Taluka Sinnar, District Nashik, conducted by Petitioner No. 2 – Management. The post of Headmaster fell vacant on 30th November 2024 upon the retirement of the incumbent. By a resolution dated 30th October 2025, the Management resolved to promote Petitioner No. 1, who is stated to be the senior-most teacher holding the B.A., B.Ed. qualification, to the said post. The Management submitted a proposal dated 20th November 2025 seeking approval of the promotion to Respondent No. 1 – Prasad 403-WP-12697-2026.DOC Education Officer (Secondary), Zilla Parishad, Nashik. 3. The Petitioners' grievance is that the proposal remains undecided. Respondent No. 1, by a letter dated 4th June 2026, raised certain objections, which the Management answered by its reply dated 9th June 2026. No decision has been taken thereafter. Petitioner No. 1 also submitted a representation dated 27th July 2026 to Respondent No. 2, Deputy Director of Education, Nashik Division, to which no response has been received. The Petitioners, therefore, seeks a direction to Respondent No. 1 to decide the proposal. 4. We have heard learned Counsel for the parties. The grant or refusal of approval for the promotion of a teacher as Headmaster, under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder, is a statutory function that Respondent No. 1 must discharge within a reasonable time. A proposal submitted on 21st November 2025 could not have been kept pending for over ten months, especially when Respondent No. 1's objections were answered as far back as 9th June 2026. Such inaction leaves Petitioner No. 1 and the administration of the school in uncertainty. 5. We accordingly direct as under: (i) Respondent No. 1 – Education Officer (Secondary), Zilla Parishad, Nashik shall decide the proposal dated 20th November 2025 (submitted on 21st November 2025) seeking approval for the promotion of Petitioner No. 1 to the post of Headmaster, after considering the Management’s reply dated 9th June 2026, in accordance with law, within a period of four weeks from the date of uploading this order. Page 2 of 3 Prasad 403-WP-12697-2026.DOC (ii) Before deciding on the proposal, Respondent No. 1 shall give the Petitioners an opportunity to be heard. (iii) All contentions of the parties on the merits of the proposal are kept open. 6. The Writ Petition is allowed in the above terms. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) Prasad PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.09.29 10:43:53 +0530