Manojsinh Maruti Desai v. The State Of Maha. Thr. Sec. School Education And Sports Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5031 OF 2023 Manojsinh Maruti Desai ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents ------ Mr. Prashant S. Bhavake for the Petitioner.

Ms. Tejas J. Kapre, A.G.P. for the Respondent Nos.1 to 5-State. ------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : 8th October 2025.

P. C. :

1.

Heard learned counsel for the Petitioner and learned A.G.P. for the Respondent Nos.1 to 5-State.

2.

We have perused the impugned order dated 19th October 2022. By the impugned order the proposal for individual approval to the appointment of the Petitioner as Shikshan Sevak is rejected on the ground that there are several deficiencies in the proposal. 3.

Learned counsel for the Petitioner submits that the Petitioner and/or the Respondent Nos.6 & 7-Management was not given an 1 of

opportunity to cure the deficiencies.

4.

Accordingly, it is directed that the impugned order dated 19th October 2022, which is at page 112 of the paper-book, be treated as 'Show cause notice' to the Petitioner and the Respondent Nos.6 & 7 - Management.

5.

The Petitioner and the Respondent Nos.6 & 7 - Management to appear before the Education Officer (Secondary), Zilla Parishad, Kolhapur on 15th October 2025, at 11:00 a.m.. 6.

After giving an opportunity to the Respondent Nos. 6 & 7 - Management to cure the deficiencies and submitting an explanation, the Show cause notice be decided within a period of eight weeks from 15th October 2025, in accordance with law.

7.

If there are any further deficiencies noticed in the proposal, an opportunity be given to the Respondent Nos. 6 & 7 - Management to cure the same.

8.

In case, the approval to the appointment of the Petitioner is granted, the Respondent No. 4 - Deputy Director is directed to enter the name of the Petitioner in Shalarth Pranali and issue Shalarth I.D. to the Petitioner and release the grant-in-aid towards payment of monthly salary / honorarium to the Petitioner since the date of his appointment with consequential benefits within a period of eight weeks from the date 2 of

of grant of approval to the appointment of the Petitioner. 9.

So far as the deficiency regarding the recruitment process of the Petitioner is not being carried out through the Pavitra Portal, the said issue is already covered by the decision dated 23rd April 2025 passed by this Court (Aurangabad Bench) in Kalyansing Indrasing Rajput Vs. The State of Maharashtra, Through its Principal Secretary (Writ Petition No. 10205 of 2024).

10.

Petition is disposed of in above terms.

11.

All contentions of both the parties are kept open. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.10.08 19:58:10 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of