Prajakta Arjun Bhapkar v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:31787-DB 1 1007.WP.13325.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13325 OF 2023 PRAJAKTA ARJUN BHAPKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH WRIT PETITION NO. 13328 OF 2023 SACHIN PETRAS MAKASARE

VERSUS

THE STATE OF MAHARASHTRA AND ORS WITH WRIT PETITION NO. 13358 OF 2023 ZUMBAR JAGANNATH KHARSE

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

...

Advocate for the Petitioner : Mr. Dighe Vitthal Haribhau AGP for Respondents: Mr. P.K. Lakhotiya ...

CORAM

: KISHORE C. SANT AND ABASAHEB D. SHINDE, JJ.

DATE : 18.11.2025 PER COURT:

1.

Heard the parties.

2.

All the petitions involve a common question and therefore are being taken up together. The grievance of the petitioners is that Respondent No.2 - Education Officer (Secondary), Zilla Parishad, Ahmednagar, has turned down the proposal on following grounds : I.

The appointment was not in accordance with the Government Resolution dated 06.02.2012.

2 1007.WP.13325.23.odt II.

No procedure contemplated by Government Resolutions dated 23.06.2017 and 20.06.2018 was followed.

III.

There was ban imposed by Government Resolution dated 04.05.2020.

3.

The learned advocate for the petitioners relies upon various orders passed by this Court. It is seen that the issue is no more res integra. This Court has already passed the order in writ petition No.11495/2022 dated 26.11.2024. In addition, now it is submitted that the Management has sent a fresh proposal on 21.04.2025 by removing all deficiencies in earlier proposal.

4.

Considering the above, the petitions stand allowed. The impugned communications in the respective writ petitions by Respondent No.2 - Education Officer (Secondary), are quashed and set aside. The Education Officer (Secondary) shall reconsider the proposal and decide the same on its own merits. The parties are at liberty to produce before the Education Officer relevant documents or the Government Resolutions, if any, within a week from today.

5.

The decision shall be taken within eight weeks from today on its own merits. The entire exercise be completed within two months from today. Till such proposal is considered, interim relief to continue. (ABASAHEB D. SHINDE, J.) (KISHORE C. SANT, J.) habeeb/