Shri Dnyaneshwar Mauli Shikshan Sanstha Mugat Through Its Secretary And Others v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:11908-DB 946 WP NO. 5341 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5341 OF 2025 SHRI DNYANESHWAR MAULI SHIKSHAN SANSTHA MUGAT THROUGH ITS SECRETARY AND OTHERS

VERSUS

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

• Mr. Tripathi Manish Purushottam, Advocate for the Petitioner • Mr. V. M. Kagne, AGP for Respondents/State • Ms. Yogita S. Thorat, Advocate for Respondent No. 3 ...

CORAM

:

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

DATE : 23.04.2025 PER COURT :

.

The petitioner stated to have been appointed by order dated 09.09.2019 as a 'Shikshan Sevak' is challenging the order of the Education Officer (Primary) dated 04.04.2025, whereby, he has refused to grant approval to the appointment on the ground that his appointment was not through the Pavitra Portal in accordance with the concerned Government Resolution dated 07.02.2019. 2.

In several matters this Court has consistently observed and held that though the Pavitra Portal was evolved it was not put to effective use till the recent/latest Government Resolution dated 1/2

946 WP NO. 5341 OF 2025 31.01.2023. Since the petitioner was appointed prior thereto, the impugned order refusing to grant approval only on the ground that the appointment was de hors the Pavitra Portal mechanism is not legally sustainable.

3.

The writ petition is allowed. The impugned order is quashed and set aside. The matter is remitted back to the respondent No.3 - Education Officer (Primary) for taking a fresh decision on the same proposal. The decision shall be taken, as expeditiously as possible and in any case within six weeks, however, he shall not reject the proposal on the ground which we have disapproved herein above. (Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 2/2