← Library
Bombay High CourtWP/12899/2023disposed off

Gadhave Bhimashankar Sidram v. State Of Maha. Thr. Sec. School Education And ORS

2025-12-05Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Ajit B. Kadethankar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12899 OF 2023 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.12.08 14:22:47 +0530 Bhimashankar Sidram Gadhave ... Petitioner UDAY SHIVAJI JAGTAP

Versus

The State of Maharashtra & Ors.

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

Mr. Balkrushna Patil i/b Ashwin Kapadnis for the Petitioner. Mr. A.P. Vanarase, AGP for the Respondent - State. .............

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

Date : December 05, 2025.

P. C. :

1.

Heard learned counsel for the petitioner and the learned AGP for the respondent - State.

2.

Learned counsel for the petitioner has put forth the following prayers for consideration :- "A] Rule be issued and record and proceedings be called for. B] By suitable writ, order or direction, this Hon'ble Court be pleased to direct the Respondent No. 5 and 6 to absorb the Petitioners in the posts of Shikshan Sevak at any Schools recognized by the Respondent No.5 within the stipulated period as this Hon'ble Court deems it and proper; 1 of

C] By suitable writ, order or direction, this Hon'ble Court be pleased to direct the Respondent No. 4 School Board to absorb the Petitioners in the posts of Shikshan Sevak at any Schools recognized by the Respondent No.4 within the stipulated period as this Hon'ble Court deems it and proper; D] Pending the hearing and inal disposal of the present Writ Petition and subject to outcome of present Writ Petition, this Hon'ble Court be pleased to absorb the Petitioner in any other School recognized by Respondent No. 4,5 and 6 within the stipulated period as this Hon'ble Court deems it and proper; E] Interim and ad-interim relief in terms of prayer clause [b], [c] and [d] be granted." ....

3.

The petitioner submits that directions are needed to the respondent No.5 and 6 to absorb the petitioner in the post of Shikshan Sevak at any schools recognized by the respondent No.5 within the stipulated period. He would submit the schools are administered by the respondent No.4 i.e. Administrative Oicer of Solapur Municipal Corporation.

4.

Considering the nature of prayers made in the petition, we deem it appropriate to dispose of the petition on the following directions. 5.

The petitioner may ile an additional comprehensive representation with the respondent No.4 together with such documents which would substantiate the claim of the petitioner for his 2 of

absorption in any school run by the respondent Nos. 5 and 6. The petitioner shall ile such representation within 4 weeks from today. Upon receipt of such proposal, the respondent No.4 shall take appropriate decision within 8 weeks from date of receipt of such proposal on its own merits and would communicate its result to the petitioner within a week thereafter. All contentions are kept open. We make it clear that we have not observed anything on the merits. 6.

If any deiciency / query is raised during scrutiny of the proposal, an opportunity of hearing shall be given to the petitioner and the School Management.

7.

The Writ Petition is disposed of.

[Ajit B. Kadethankar, J. ] [ M. S. Karnik ] 3 of