PARIMAL SANJAY BHOSALE (PARIMAL DNYANESHWAR AWATADE) AND ORS. v. THE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.
WP/4283/2026 · 2026-09-10
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8084 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8084 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
906 wp-4283-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4283 OF 2026 Smt. Parimal Sanjay Bhosale and Others. ...Petitioners. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Utkarsh Desai i/b Prashant Bhavake for the Petitioner. Ms. Tejas J. Kapre, AGP for the Respondent-State. ——————
Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : September 10, 2026.
P. C. :
1. By the present petition, the limited grievance raised is about the absence of opportunity of submitting explanation to the management while rejecting the proposal for appointment of Petitioner No.1 to the post of junior clerk.
2. Perusal of the impugned order dated 9th January 2026 would indicate that the Education Officer while considering the proposal for grant of approval to the appointment of Petitioner No.1, has listed several deficiencies and without giving opportunity to the management to comply with those deficiencies, has rejected the proposal. As the deficiencies in question would require explanation form the management, it would have been appropriate if the management was called upon to comply the same. As no opportunity has been given to the management, we are inclined to quash and set aside the impugned Patil-SR 1 of
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906 wp-4283-26.doc
order dated 9th January 2026 to the extent it rejects the proposal for grant of approval to the appointment of Petitioner No. 1 and remit the same to the file of Education Officer, to be considered afresh after giving an opportunity of hearing to the management to cure the deficiencies. We also find from the impugned order that the Education Officer has referred to the communication of 28th May 2025 by the Director of Education. However, the said communication is now superseded by Government Resolution dated 11th August 2026, which may be noted by the Education Officer while deciding the proposal.
3. Petitioner Nos.2 and 3 (Management) are directed to comply with the deficiencies set out in the impugned order within a period of two weeks from today. Upon the deficiencies being complied, the Education Officer to consider the proposal afresh and in particular to take into
consideration the Government Resolution dated 11th August 2026. In event, the approval is granted to the appointment of Petitioner No.1, the Respondent No. 4 is directed to include the name of Petitioner No.1 in the Shalarth Pranali and issue Shalarth ID within a period of three weeks thereafter and release the grant-in-aid salary with arrears within a period of three weeks thereafter.
4. Petition is allowed in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Patil-SR 2 of
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