Chitra Bhivsan Patil v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:8043-DB 936 WP NO. 3616 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3616 OF 2025 CHITRA BHIVSAN PATIL

VERSUS

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

Advocate for the Petitioner : Mr. Patil Nayana Parag AGP for Respondent Nos. 1 to 3 : Mr. V. M. Kagne Advocate for Respondent Nos. 4 and 5 : Ms. Anagha Pedgaonkar ...

CORAM

:

MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 18.03.2025 PER COURT :

.

Heard both sides.

2.

Issue notice. The learned AGP waives service for respondent Nos. 1 to 3. Ms. Pedgaonkar waives service for respondent Nos. 4 and 5.

3.

The petitioner is challenging the communication dated 10.09.2021, whereby respondent No. 3 - the Education Officer (Secondary), has refused to grant approval to her appointment as 'Shikshan Sevak' on the ground that her appointment was not through 'Pavitra Portal' in light of the Government Resolution dated 23.06.2017.

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936 WP NO. 3616 OF 2025 4.

This Court, on several occasions, has repeatedly demonstrated as to how this ground of recruitment being not by following the Government Resolution dated 23.06.2017, is not sustainable for want of operation of the 'Pavitra Portal'. Shaikh Jaweria Khadarsab V/s. The State of Maharashtra Through Its Secretary and Others, WP No. 13150 of 2022, decided on 10.06.2024, is one such case.

5.

For the selfsame reasons mentioned in WP No. 131520 of 2022, the writ petition is allowed partly. The impugned order is quashed and set aside.

6.

Respondent No. 3 - the Education Officer (Secondary) shall reconsider the proposal for grant of approval on its own merits, but shall not reject it on the ground that the appointment was not in accordance with the Government Resolution dated 23.06.2017. The decision shall be taken as expeditiously as possible and in any case within six weeks.

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 2/2