Sarvesh Sakharam Bhamare v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:735-DB 942.WP.302.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.302 OF 2025 SARVESH SAKHARAM BHAMARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Bagul Dnyaneshwar Suresh AGP for Respondents No.1 to 3 : Mr. R.K. Ingole Advocate for Respondents No.4 and 5 : Mr. Lalit Kumar S. Mahajan ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 09.01.2025 PER COURT:

Heard.

2.

The petitioner is challenging the order of the respondent - Deputy Director of Educating, refusing to grant approval to his appointment as 'Shikshan Sevak' on the ground that it was made after the Government Resolution dated 23.08.2017 providing for Pavitra Portal but he was not appointed thereunder.

3.

Issue notice to respondents. Learned AGP waives service of notice for respondent Nos.1 to 3. Mr. Lalit Kumar S. Mahajan waives service of notice for respondent Nos. 4 and 5. 4.

The issue is no longer res integra.

1/2

942.WP.302.25.odt 5.

The Pavitra Portal sought to be implemented, was never put to effective use and this Court had repeatedly made observation in that regard. The matter of Shaikh Jaweria Khadarsab Vs. The State of Maharashtra and others, and several such other matters were decided directing the proposals to be considered without resorting to the ground of recruitment having taken place without 'Pavitra Portal'. 6.

The writ petition is allowed partly.

7.

The impugned order is quashed and set aside.

8.

The matter is relegated back to the respondent No.2 who shall consider the proposal afresh, as expeditiously as possible and in any case within six weeks but shall not reject it on the ground that the petitioner was not appointed through 'Pavitral Portal'. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 2/2