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2026 DAILYLAW 14274 (BOM)

SARIKA SHRINIWAS BARGE v. THE STATE OF MAHARASHTRA EDUCATION DEPT AND ORS

WP/14679/2025 · 2026-09-29

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Judgment text

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28-WP-14679-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14679 OF 2025 Sarika Shriniwas Barge ...Petitioner Versus The State of Maharashtra Education Dept & Ors ...Respondents WITH WRIT PETITION NO.14758 OF 2025 Nagesh Pandurang Pakhare and Ors ...Petitioners Versus The State of Maharashtra Thru. Secretary & Ors ...Respondents WITH WRIT PETITION NO.14775 OF 2025 Lata Gopal Deshmukh and Ors ...Petitioners. Versus The State of Maharashtra Education Department Through Its Principal Secretary ...Respondent _______ Mr B A Lawate, for Petitioners. Ms P N Diwan, AGP for Respondent-State. Mr Subhash Jawale, Secretary of Respondent No. 5, present in Court. Mr Dilip Bodake, with Shreeniwas Magar, for Respondent No.5. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 29th SEPTEMBER 2026 P.C. 1. By these petitions, the Petitioners, who are teachers working in the secondary schools and junior colleges run by Respondent No. 5 - Management, seek a Shivgan 28-WP-14679-2025.DOC direction to the Management to submit proposals to the Education Authorities, Respondent Nos. 2 to 4, seeking approval for their appointments as Assistant Teachers on aided posts, and for their consequential absorption in the vacant aided posts with continuity of service. As the grievance in all three petitions is common, they are heard together, and the facts in Writ Petition No. 14679 of 2025 are referred to for convenience. 2. Respondent No. 5 - Janta Shikshan Sanstha, Dapodi, Pune, runs several aided and unaided secondary schools and junior colleges in Pune District, governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Rules framed thereunder. The Petitioner in Writ Petition No. 14679 of 2025 is working as a teacher at Punyashlok Ahilyadevi & A. C. Hundekari College, Jejuri, Taluka Purandar, District Pune, run by Respondent No. 5. According to the Petitioner, she was selected through a selection process and appointed as a temporary Assistant Teacher on a full-time basis, on appointment orders issued every academic year afresh, and is paid a consolidated honorarium. It is her case that, despite her repeated requests and a legal notice issued in April 2025, Respondent No. 5 has not submitted any proposal to the Education Authorities seeking approval for her appointment, and has instead initiated recruitment to the vacant posts through the Pavitra Portal. 3. We have heard learned Counsel for the parties. Mr Subhash Jawale, the Secretary of Respondent No. 5 (Management), is present in Court. Mr Bodake, learned counsel representing the Respondent No. 5, on instructions from Mr Shivgan 28-WP-14679-2025.DOC Jawale, states that the Management shall submit a proposal in favour of the Petitioners to the competent authority, seeking approval for their appointments. The statement is accepted. 4. In view of the above, we permit the Respondent No. 5 - Management to submit the proposals in respect of the Petitioners to the competent authority within two weeks from today, if not already submitted. On receipt of such proposals, the competent authority shall decide the same, in accordance with law, within six weeks thereafter. If any proposal has already been submitted, the competent authority shall decide the same within six weeks from today. 5. All contentions of all the parties are left open. 6. The Writ Petitions are accordingly disposed of. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) Shivgan SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.10.05 15:35:03 +0530