908 wp-4384-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4384 OF 2026 Akshaykumar Namdev Mohite. ...Petitioner. Versus The State of Maharashtra and Others. ...Respondents. —————— Mr. Ukarsh Desai i/b Prashant S. 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 challenge is to the order dated 8th June 2026 rejecting the proposal for grant of approval to the Petitioner’s appointment on the post of junior clerk. 2. The Petitioner was appointed on the post of junior clerk in the Respondent No.7-school due to resignation of the then working junior clerk on 23rd June 2022. The advertisement came to be issued on 31st January 2023 to which the Petitioner applied and was selected as per the resolution of managing committee passed on 9th February 2023. The proposal for approval to the appointment of Petitioner was submitted on 26th December 2025 to the Respondent No.5 – Education Officer. In response thereto, by communication dated 25th March 2026, the Education Officer listed certain deficiencies, which were duly complied Patil-SR 1 of 4 908 wp-4384-26.doc with by the management on 18th May 2026. By the impugned order, the proposal came to be rejected by reason of communication dated 28th May 2025 issued by the Director of Education directing that without absorption of surplus teachers, recruitment is not permissible. 3. Learned Counsel appearing for the Petitioner has taken this Court through the deficiencies noted by the Education Officer and which were duly complied with by the management. He would submit that despite the compliance of deficiencies, the Education Officer has rejected the proposal by relying upon communication of 28th May 2025 without noticing that appointment of Petitioner was on 9th February 2023, i.e., prior to the issuance of communication of 28th May 2025. 4. Per contra learned AGP would support the impugned order and would submit that though the Petitioner was appointed on 9th February 2023, the proposal was submitted on 26th December 2025 and prior thereto communication was addressed on 28th May 2025 by the Director of Education, which would bind the Education Officer. She would also submit that in event this Court is inclined to approve the appointment of Petitioner, then the State should not be burdened with the payment of arrears of salary to the Petitioner, as the proposal came to be submitted after a period of 2 years, i.e., on 26th December 2025. 5. We have perused the record and considered the submissions. 6. At page 130 of the petition is the advertisement issued by the Patil-SR 2 of 4 908 wp-4384-26.doc Respondent No.6 inviting applications for the post of junior clerk to which the Petitioner applied and has been appointed by passing resolution dated 9th February 2023. The Education Officer while considering the proposal has listed several deficiencies, which were complied by the management. By the impugned order dated 8th June 2026, the Education Officer has not recorded non-satisfactory compliance of deficiencies and therefore has accepted the compliances. The only reason why the approval came to be rejected is the communication of 28th May 2025 by which the Director of Education had given directions not to carry out any recruitment without absorption of the surplus teachers. The Education Officer failed to notice that the Petitioner’s appointment was on 9th February 2023, i.e., prior to issuance of the communication by the Director of Education and in any event, the communication dated 28th May 2025 now stands superseded by Government Resolution dated 11th August 2026. 7. There is, however, substance in the contention of learned AGP that as the proposal was submitted after almost 2 years, the State Government should not be burdened with the arrears from the date of appointment till the date of submission of proposal. 8. As there is no other non compliance noted in the impugned order, we direct the Respondent-Education Officer to grant approval to the appointment of Petitioner on the post of junior clerk with effect from Patil-SR 3 of 4 908 wp-4384-26.doc 9th February 2023. However, arrears of grant-in-aid salary is to be paid from the date of submission of proposal, i.e., 26th December 2025. Approval to be granted within a period of two weeks from today. The Petitioner’s name be included in the Shalarth Pranali and Shalarth ID be issued within a period of three weeks thereafter. The arrears of grant- in-aid salary from 26th December 2025 to be paid within a period of three weeks thereafter. 9. The petition is allowed in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Patil-SR 4 of 4