Gaurav Sagun Yesaji v. The State Of Maharashtra Thr The Secretary School Education Dept. And ORS

29-5275-2023-CWP=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5275 OF 2023 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.11.06 19:02:46 +0530 Gaurav Sagun Yesaji ... Petitioner UDAY SHIVAJI JAGTAP

Versus

The State of Maharashtra & Ors.

... Respondents .............

Mr. Vinayak Kumbhar i/b Ashwini Bandiwadekar for the Petitioner. Mr. S.B. Kalel, AGP for the respondent - State. Mr. Sagar Mane for the respondent nos. 4 and 5. .............

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : November 06, 2025.

P. C. :

1.

Heard learned counsel for the petitioner.

2.

By the impugned order, which is at page 54, the Education Officer (Secondary) has informed the petitioner that the proposal for individual approval for the appointment as 'Junior Clerk' is rejected in view of the deficiencies mentioned therein without giving an opportunity to the petitioner to cure the deficiencies. By the communication dated 30th December 2022, the petitioner - Education Institution had explained / cured the deficiencies.

Uday S. Jagtap 1 of

29-5275-2023-CWP=.doc 3.

In our opinion, the Education Officer should have given adequate opportunity to the petitioner to cure / rectify the deficiencies and pass appropriate orders after considering the explanation of the Management. 4.

In this view of the matter, the impugned order which is at page 54, be treated as show-cause notice to the respondent - Management. The respondent - Management to comply / explain the deficiencies within a period of two weeks from the date of communication of this order. If there are any further deficiencies, the Education Officer to intimate the same to the respondent - Management by affording reasonable opportunity to cure the deficiencies. The Education Officer (Secondary) to take a fresh decision on the proposal on its own merits within a period of twelve weeks from the date of communication of this order. 5.

In case, the individual approval is granted, the Deputy Director of Education to issue a Shalarth ID to the petitioner expeditiously. 6.

The Writ Petition is disposed of.

[Ajit B. Kadethankar, J. ] [ M. S. Karnik ] Uday S. Jagtap 2 of