Viqarunnisa Md.Usman Shaikh And ORS v. State Of Maharashtra Thr Government Pleader And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10921 OF 2024 Digitally signed by UDAY SHIVAJI JAGTAP Date:
2025.09.17 19:05:42 +0530 Moeez Ahmed Shaikh & Ors.
... Petitioners UDAY SHIVAJI JAGTAP
Versus
State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 10918 OF 2024 Shaikh Humera Md. Ali Jeena & ... Petitioners
Versus
State of Maharashtra & Ors.
... Respondents ALONG WITH WRIT PETITION NO. 10917 OF 2024 Ms. Viqarunnisa Md. Usman Shaikh & Ors.
... Petitioners
Versus
State of Maharashtra & Ors.
... Respondents .............
Mr. Akil Kupade for the Petitioners.
Mr. Vijay Killedar for the Respondent No.4.
Mr. S.B. Kalel, AGP for the Respondent - State. .............
Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.
Date : September 15, 2025.
1 of
P. C. :
1.
As the order impugned in these petitions is common, the petitions are being disposed of by a common order.
2.
The Petitioner is seeking direction to the Respondent No.4 - Administrative Officer (Primary), Municipal Corporation Education Board, Solapur to grant approval to the appointment of Petitioner No.1 as Shikshan Sevak.
3.
Mr. Killedar, learned Counsel appearing for the Respondent No.4 - Administrative Officer (Primary) submits that the Petitioner has misconceived the communication dated 15th July 2022, which is at page 30 of the paper book, to be an order rejecting the approval. As can be seen from the order, the Administrative Officer has stated that in future, if any orders are received from the State Government regarding the norms set out in the Government Resolution for approval, the proposal for approval shall be considered in accordance with the extant rules and regulations.
4.
We find that there is no decision on the proposal made for approval of the appointment of the Petitioner. In this view of the matter, the 2 of
Petitioner No.1 - employee as well as the Petitioner Nos. 2 and 3 Management to remain present before the Administrative Officer on 1st October 2025 at 11:00 a.m. along with a copy of this order. The Administrative Officer to take a decision on the proposal for approval of the Petitioner as 'Assistant Teacher' on its own merits within a period of 8 weeks therefrom. If there are any deficiencies in the proposal, the Administrative Officer shall inform the Management deficiencies by giving them opportunity to cure the deficiencies within the time frame. In the event, the proposal is approved, the Deputy Director of Education to issue Shalarth ID to the Petitioner within a period of 8 weeks thereafter.
5.
The learned Counsel for the Petitioner, on instructions, submits that for the period of ban upto 1st November 2022, the Petitioner will not claim any financial benefits burdening the State with financial implications. The proposal not to be rejected on the ground of ban, by virtue of Government Resolution dated 4th May 2020. 6.
The Writ Petitions are disposed of in the above terms. No costs. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik ] 3 of