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2026 DAILYLAW 1951 (BOM)

MAYUR DILIP KULKARNI v. THE STATE OF MAHARASHTRA AND OTHERS

WP/19/2026 · 2026-08-21

body2026

Judgment text

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43-WP-19-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19 OF 2026 Mayur Dilip Kulkarni ...Petitioner Versus The State Of Maharashtra And Others ...Respondents —————— Mr. Prashant Bhavake, for the Petitioner. Mr. S. B. Kalel, AGP for the Respondent-State. Mr. Utkarsh Desai, for the Respondent Nos. 6 and 7. —————— Coram : SHARMILA U. DESHMUKH & NEERAJ P. DHOTE, JJ. Date : AUGUST 21, 2026 P. C. : 1. The grievance in the present Petition is to the order dated 17th September, 2025, by which the Petitioner’s proposal seeking approval came to be rejected in view of the communication dated 28th May, 2025, by which until the absorption of the surplus teacher, there could not be any approval granted in respect of non-teaching staff. 2. Mr. Bhavake, learned counsel for the Petitioner submits that the communication dated 28th May, 2025 on the basis of which approval was rejected has been superseded by the GR dated 11th August, 2026 setting out the manner in which the proposal is required to be considered for granting approval to the non-teaching staff. He submits that in view of Arya Chavan 1 of 2 2026:BHC-KOL:7885-DB 43-WP-19-2026.doc the GR dated 11th August, 2026, the Education Officer is required to consider the proposal afresh. 3. Perusal of the impugned order would indicate that the only ground on which the approval came to be rejected was the communication of 28th May, 2025 which is now superseded by the GR dated 11th August, 2026. 4. In view of the above, the impugned order dated 17th September, 2025 is hereby quashed and set aside. The proposal is restored to the file of the Education Officer to be considered in accordance with the GR dated 11th August, 2026. 5. The Petition is allowed in the above terms. [NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.] Arya Chavan 2 of 2