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Bombay High CourtWP/13490/2024disposed off

Dilip Tukaram Patil v. The State Of Maharashtra Thr The Secretary School Education And Sports And ORS

2025-11-17Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

49-13490-2024.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13490 OF 2024 NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.11.18 10:06:00 +0530 Dilip Tukaram Patil ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Prashant Bhavake for the petitioner.

Mr. Shardul Diwan i/b Mr. Rahul Kadam for the intervener in IA(st.) No.9389 of 2025.

Ms. T. J. Kapre, AGP for the State.

Mr. Utkarsh Desai for Respondent Nos. 6 and 7.

CORAM

: M. S. KARNIK & AJIT B. KADETHANKAR,JJ.

DATED : 17th NOVEMBER, 2025 P.C.:

1.

Heard learned Counsel for the petitioner.

2.

Learned Counsel for the petitioner submitted that the proposal for individual approval as a Junior Clerk was rejected by the impugned order dated 1st December, 2023 by the Education Officer (Secondary) Zilla Parishad Sangli, without giving any opportunity to the management to cure the deficiencies mentioned therein. In our opinion, an opportunity should have been granted by the Education Officer to the management to cure/rectify or explain the deficiencies. The order dated 1st December, 2023 is

49-13490-2024.doc therefore set aside.

3.

The order dated 1st December, 2023 will be now regarded as a show cause notice to the management and respondent No.6 and 7.

4.

The petitioner as well as the learned counsel for respondent Nos. 6 and 7 assure that they will appear before the Education Officer along with the copy of this order on 2nd December, 2025 at 11.00 am.

5.

The Education Officer is requested to decide the show cause notice within a period of 16 weeks from today, after giving an opportunity to the management to cure /rectify the deficiencies mentioned therein or after seeking an explanation in case of additional deficiencies, if any.

6.

The writ petition is disposed of.

(AJIT B. KADETHANKAR, J.) (M.S. KARNIK, J.)