Mr. Kulkarni Dipen Dilip v. The Education Officer (Secondary) Zilla Parishad, Solapur And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10850 OF 2023 Kulkarni Dipen Dilip ... Petitioner

Versus

The Education Officer (Secondary) Zilla Parishad, Solapur & Ors.

... Respondents ------ Ms. Saniya Khairdi a/w. Mr. I.M.Khairdi for the Petitioner. Mr. V.M. Mali, A.G.P. for the Respondent Nos.1 to 3-State. Mr. Ajit V. Alange for the Respondent Nos.4 & 5. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : 3rd November 2025.

P. C. :

1.

Heard Ms. Khairdi, learned counsel for the Petitioner. 2.

The Petitioner possess qualification of B.S.C. B.Ed.. The Petitioner has also cleared TAIT Educational Examination. It is submitted by the Petitioner that a vacancy of Shikshan Sevak was created due to the transfer of one Mr. Misal Narayan Tanaji. The Petitioner came to be appointed by due procedure vide resolution that was passed by the Respondent No.5-Management on 30th June 2018. The appointment was 1 of

made vide order dated 1st July 2019.

3.

Learned counsel for the Petitioner submits that pursuant to the appointment, the Petitioner joined the services on 1st July 2019. On 3rd December 2019 the Respondent No.4-School applied to the Respondent No.1-Education Officer, Zilla Parishad seeking approval to the appointment of the Petitioner as Shikshan Sevak. It is further submitted that the Petitioner belongs to General category and the vacancy on which the Petitioner was appointed was also belonged to the General category. He would further submit that there is no disciplinary enquiry pending against the Petitioner nor was there any impediment in appointing the Petitioner on the post of Shikshan Sevak. He would further submit that the post is getting 100% grant-in-aid and the proposal for grant of approval to the services of the Petitioner was submitted by the Respondent Nos.4 & 5-Management on 3rd December 2019. 4.

Ms. Khairdi, learned counsel for the Petitioner submits that since after 3rd December 2019 there is no response from the Respondent Nos.1 to 3-Authorities as regard to the services of the Petitioner. 5.

By the present Petition the Petitioner restricts his prayer for directions to the Respondent No.1-Authority to decide the proposal that was submitted by the Respondent Nos.4 & 5 i.e. School and the Management, seeking approval to the services of the Petitioner. 2 of

6.

We have also heard Mr. Mali, learned A.G.P., who represents the Respondent Nos.1 to 3-State and Mr. Alange, learned counsel appearing for the Respondent Nos.4 & 5.

7.

The Respondent Nos.4 & 5 obviously support the Petition and would submit that the appointment was made through proper procedure and the proposal is accordingly submitted to the Respondent No.1Authority and that it is for the Authorities to decide the proposal. 8.

Mr. Mali, learned A.G.P. would submit that since the proposal is pending with the Respondent No.1, it would be decided within a period of eight weeks from today on its own merit. Any deficiencies in the proposal that would be communicated by the Respondent No.1 to the Respondent Nos.4 & 5-Management within two weeks from the date of receipt of this order. The School and the Management shall resolve such deficiencies, if any, within two weeks thereafter. 9.

In the event of grant of approval to the services of the Petitioner, the Shalarth I.D. be issued to the Petitioner. 10.

In view of the above, Petition shall stand disposed of. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.11.03 20:14:08 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of