Govind Laxmanrao Bhagas v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:34152-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 WRIT PETITION NO. 14552 OF 2025 GOVIND LAXMANRAO BHAGAS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
Mr. Amol N. Kakade Advocate for Petitioner.
Mr. S.B. Narwade, A.G.P. for Resp. Nos. 1 to 3. ...
CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.
DATE : 4th DECEMBER, 2025 ORDER :
1.
Present Petition has been filed challenging the impugned order dated 27th January 2022, to the extent of granting approval as a Shikshan Sevak from the date of transfer to the aided post of the petitioner and further consequential relief has been prayed for directions to issue fresh approval to the services of the petitioner on regular basis.
2.
The petitioner contends that he came to be appointed as a teacher in respondent No.4 college, on non-aided post on
probation which was for the period of two years. Thereafter his appointment was approved by respondent No.2 by order dated 11th March 2019. It was with effect from 8th March 2018 and the petitioner has successfully completed his probation on 8th March 2020. Thereafter there was one aided post which became vacant and therefore respondent management has transferred the petitioner from non-aided post to aided post. While granting approval to the services of the petitioner, respondent No.2 approved the services by letter dated 27th January 2022, as Shikshan Sevak, which is against the law and the decisions by this Court. Learned Advocate for the petitioner, in support of his submissions, relies on the decisions in Writ Petition No.13001 of 2021 (Bharat Raosaheb Wahatule and others vs.
the state of Maharashtra through Secretary and others), decided on 26th November 2021, Writ Petition No.1493 of 2018 (Suryakant S/o Janardan Muge vs. the State of Maharashtra and others), decided on 4th July 2019. Learned Advocate for the petitioner submits that the impugned order deserves to be quashed and set aside.
3.
Learned AGP waives notice for respondent Nos.1 to 3. No notice is required to be issued to respondent No.4.
4.
Learned AGP accepts the legal position as has been declared in the above-said decisions and submits that the representation has been made on behalf of respondent No.4 to respondent No.2 on 4th March 2025. He submits, upon instructions, that the said representation would be decided within a period of six weeks.
5.
In view of the said statement, we set aside the impugned order dated 27th January 2022 and direct respondent No.2 to consider the proposal/representation dated 4th March 2025 in the light of the decisions in Writ Petition No.13001 of 2021 and Writ Petition No.1493 of 2018 (supra), within a period of SIX WEEKS from today. The Writ Petition stands disposed of, accordingly. [HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC25