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2026 DAILYLAW 8479 (BOM)

STEPHENA FERNANDO v. THE STATE OF MAHARASHTRA

WP/736/2026 · 2026-09-10

body2026

Judgment text

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402- WP-736-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.736 OF 2026 Stephena Fernando ...Petitioner Versus The State of Maharashtra ...Respondent _______ Mr Vedant Babar, h/for Rahul Shivaji Kadam, for Petitioner. Ms Varsha Sawant, AGP for Respondent-State. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 10th SEPTEMBER 2026 P.C. 1. Heard Mr S. Kadam, learned counsel appearing for the Petitioner and the learned AGP appearing for Respondent Nos. 1 to 7 - State. 2. The Petitioner by an order dated 14th February 2014 was appointed as 'Shikshan Sevak' by Respondent No.9-SIES Primary School, Matunga, being conducted by Respondent No.8-Educational Institution. Her appointment as 'Shikshan Sevak' came to be approved by the Respondent Nos. 5, 6 & 7 authorities by order dated 22nd April 2015. Having completed three years of satisfactory service as 'Shikshan Sevak' on 13th February 2017, a proposal for approval of the Petitioner’s appointment as 'Assistant Teacher' was forwarded by Respondent Nos. 8 and 9 on 1st March 2017, along with the requisite documents, was filed with Respondent No.7 on 16th March 2017. The Petitioner thereafter cleared the C-TET examination on 26th February Shivgan 402- WP-736-2026.DOC 2021. 3. By this Writ Petition, the Petitioner seeks a direction to the Respondents to decide her proposal dated 16th March 2017 for approval of her appointment as 'Assistant Teacher', and consequential reliefs including approval of her services with effect from 14th February 2017, along with attendant benefits of grant-in-aid. 4. Considering the averments made in the Petition and the reliefs sought, the Respondent No. 6 - Education Officer, who is the competent authority under the MEPS Act, is directed to consider and decide the Petitioner's proposal for approval as 'Assistant Teacher' dated 16th March 2017 (documents filed on 16th March 2017) with further directions that all other benefits of grant-in-aid which she is entitled to be given to her by issuing ‘Shalarath-ID’, by a reasoned order, within a period of four weeks from the date on which an authenticated copy of this order is communicated. 5. Keeping all the contentions of the parties open in that regard, the Writ Petition stands disposed of. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) Shivgan SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2026.09.16 12:15:58 +0530