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Bombay High CourtWP/6116/2025disposed off

Jayant Ramesh Mane v. The State Of Maharshtra Throu. The Sec. Higher And Technical Education Dept And ORS

2025-10-01Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Justice Sharmila U. Deshmukh61 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6089 OF 2025 Vishal Govinda Dabade Age 28 years, Occ. Service, Residing at Ichalkaranji, Taluka Hatkangale, District Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shri Narayanrao Babasaheb Education 1 of

Society, Ichalkaranji, Taluka Hatkangale, District Kolhapur Shri Venkatesh Mahavidyalay Ichalkaranji, Taluka Hatkangale, District Kolhapur WRIT PETITION NO. 6130 OF 2025 Ramesh Dattatray Vadd Age 40 years, Occ. Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath 2 of

Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION (ST.) NO. 13515 OF 2025 Rohit Sarjerao Patil Age 29 years, Occ: Service, R/o. A/P. Mohare, Taluka: Panhala, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat 3 of

Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION NO. 6093 OF 2025 Mahesh Balaso Chougule Age: 35 years, Occ: Service, Residing at Ichalkaranji, Taluka Hatkangale, District: Kolhapur.

4 of

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shri Narayanrao Babasaheb Education Society, Ichalkaranji, Taluka: Hatkangale, District: Kolhapur Shri Venkatesh Mahavidyalay Ichalkaranji, Taluka: Hatkangale, District: Kolhapur WRIT PETITION (ST.) NO. 13508 OF 2025 Arun Vitthal Funde Age: 35 years, Occ. Service, C/o. Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, 5 of

Taluka: Panhala, District Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune, Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master 6 of

WRIT PETITION NO. 6090 OF 2025 Abhijit Ganpatrao Bhatale Age: 42 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & 7 of

D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6092 OF 2025 Nilesh Baburao Kamble Age: 33 years, Occ: Service, Residing at Solankur, Taluka: Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at 8 of

Shree Vyanknath Shikshan Prasarak Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION (ST.) NO. 13516 OF 2025 Vikram Vijay Jamadade Age: 35 years, Occ: Service, R/o. A/P. Male, Taluka: Panhala, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune, Having its office at 412, E, Bahirat 9 of

Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION (ST.) NO. 13519 OF 2025 Sagar Popat Ghodake Age: 36 years, Occ: Service, R/o. A/P. Chavare, Tal. Hatkanangale, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune,

Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION (ST.) NO. 13686 OF 2025 Santosh Maruti Pankar Age: 35 years, Occ: Service, R/o. A/P. Sghembavane, Tal: Shahuwadi, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune, Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION (ST.) NO. 13460 OF 2025 Hanmant Shankar Mane Age: 41 years, Occ: Service,

R/o. A/P. Aitwade Khurd, Tal. Walwa, District: Sangli.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune, Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master

WRIT PETITION NO. 6097 OF 2025 Milind Ashok Panari Age: 35 years, Occ: Service, Residing at Solankur, Taluka: Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shree Vyanknath Shikshan Prasarak Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION NO. 6099 OF 2025 Pandurang Balasaheb Patil Age: 26 years, Occ: Service, Residing at Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at

Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6102 OF 2025 Jayraj Jaysing Patil Age: 31 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath

Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6105 OF 2025 Sumit Shrirang Chougule Age: 33 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education,

Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6106 OF 2025 Rajesh Raosaheb Podjale Age: 30 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6107 OF 2025 Milind Dhanaji Patil

Age: 35 years, Occ: Service, Residing at Solankur, Taluka: Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shree Vyanknath Shikshan Prasarak Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION NO. 6109 OF 2025 Roshan Ashok Keluskar Age: 24 years, Occ: Service, Residing at Solankur, Taluka: Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shree Vyanknath Shikshan Prasarak Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION NO. 6111 OF 2025 Supriya Bandaji Powar Age: 31 years, Occ: Service, Residing at Solankur, Taluka: Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at

Shree Vyanknath Shikshan Prasarak Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION NO. 6113 OF 2025 Anil Shankar Patil Age: 41 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath

Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6116 OF 2025 Jayant Ramesh Mane Age: 23 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune

Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6118 OF 2025 Dipak Shankar Patil Age: 41 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6122 OF 2025 Yogesh Sunil Adhav Age: 30 years, Occ: Service,

Residing at Peth Vadgaon, Taluka: Hatakangale, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Jayprakash Education Society's Peth Vadagaon, Taluka: Hatakangale, District: Kolhapur.

Dr. Babasaheb Ambedkar Mahavidyalay Peth Vadgaon, Taluka: Hatakangale, District: Kolhapur.

WRIT PETITION NO. 6123 OF 2025 Prashant Vilas Satale Age: 38 years, Occ: Service, Residing at Ichalkaranji, Taluka Hatkangale, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shri Narayanrao Babasaheb Education Society, Ichalkaranji, Taluka: Hatkangale, District: Kolhapur Shri Venkatesh Mahavidyalay

Ichalkaranji, Taluka: Hatkangale, District: Kolhapur WRIT PETITION NO. 6129 OF 2025 Swapnil Rajaram Manjrekar Age: 33 years, Occ: Service, Residing at Solankur, Taluka: Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shree Vyanknath Shikshan Prasarak

Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION (ST.) NO. 13517 OF 2025 Rupesh Rajesh Salokhe Age: 24 years, Occ: Service, R/o. Hanuman Nagar, Pachgaon Road, Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Directorate of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat

Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION NO. 6120 OF 2025 Sushil Shivaji Ingavale Age: 38 years, Occ: Service, Residing at Shivaji Peth, Kolhapur Taluka Karveer, District Kolhapur.

Department, Mantralaya, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Baghirath

Kolhapur, having office at Shri Prince Shivaji Maratha Boarding House, Kolhapur, Taluka: Karveer, District: Kolhapur.

New College, Kolhapur, Taluka: Karveer, District: Kolhapur, WRIT PETITION NO. 6121 OF 2025 Heled Vishwas Gaikwad Age: 42 years, Occ: Service, Residing at Peth Vadgaon, Taluka: Hatakangale, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Jayprakash Education Society's Peth Vadagaon, Taluka: Hatakangale, District: Kolhapur.

Dr. Babasaheb Ambedkar Mahavidyalay Peth Vadgaon, Taluka: Hatakangale, District: Kolhapur.

WRIT PETITION (ST.) NO. 13520 OF 2025 Suraj Nagnath Patil Age: 28 years, Occ: Service, R/o. A/P. Vashi, Taluka: Walwa, District: Sangli.

Department, Mantralaya Annexe, Mumbai - 400 032.

Directorate of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION NO. 6094 OF 2025 Shweta Digvijay Desai

Age: 40 years, Occ: Service, Residing at Ichalkaranji, Taluka Hatkangale, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Shri Narayanrao Babasaheb Education Society, Ichalkaranji, Taluka: Hatkangale, District: Kolhapur Shri Venkatesh Mahavidyalay Ichalkaranji, Taluka: Hatkangale, District: Kolhapur

WRIT PETITION NO. 6126 OF 2025 Vijaykumar Mallapa Gheji Age: 42 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION NO. 6112 OF 2025 Akshay Bramhadev Patil Age: 29 years, Occ: Service, Residing at Solankur, Taluka Radha Nagari, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at

Shree Vyanknath Shikshan Prasarak Mandal, Solankur, Taluka: Radha Nagari, District: Kolhapur.

Shree Yashwantrao Patil Science College, Solankur, Taluka Radha Nagari, District: Kolhapur.

WRIT PETITION (ST.) NO. 13510 OF 2025 Ajit Pandurang Patil Age: 31 years, Occ: Service, R/o. A/P. Devale, Taluka: Panhala, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat

Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION NO. 6115 OF 2025 Reshma Sachin Sabale Age: 36 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education,

Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

WRIT PETITION (ST.) NO. 13687 OF 2025 Mahadev Sarjerao Bhosale Age: 40 years, Occ: Service, R/o. A/P. Bahirewadi, Taluka: Panhala, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION NO. 6119 OF 2025 Omkar Ananda Khot

Age: 25 years, Occ: Service, Residing at Peth Vadgaon, Taluka: Hatakangale, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath Kolhapur having office at Jayprakash Education Society's Peth Vadagaon, Taluka: Hatakangale, District: Kolhapur.

Dr. Babasaheb Ambedkar Mahavidyalay Peth Vadgaon, Taluka: Hatakangale, District: Kolhapur.

WRIT PETITION (ST.) NO. 13464 OF 2025 Sachin Raghunath Dabhade Age: 43 years, Occ: Service, R/o. A/P. Padali, Taluka: Hatkanangale, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Directorate of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat Kolhapur, having office at Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION (ST.) NO. 13463 OF 2025 Rohit Shivaji Patil Age: 31 years, Occ: Service, R/o. A/P. Patane, Taluka: Shahuwadi, District: Kolhapur.

Department, Mantralaya Annexe, Mumbai - 400 032.

Directorate of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bahirat Kolhapur, having office at

Warana Vibhag Shikshan Prasarak Mandal, Warananagar, Taluka: Panhala, District: Kolhapur.

Yashwantrao Chavan Warana Mahavidyalaya, Warananagar, Taluka: Panhala, District: Kolhapur, Through its Head Master WRIT PETITION NO. 6114 OF 2025 Milton Manuel Norenj Age: 40 years, Occ: Service, Residing at Gadhinglaj, Taluka Gadhinglaj, District: Kolhapur.

Department, Mantralaya, Mumbai - 400 023.

Director of Higher Education, Maharashtra State, Pune Having its office at 412, E, Bhagirath

Kolhapur having office at Karmveer Vitthal Ramaji Shinde Shikshan Sanstha, Taluka: Gadhinglaj, District: Kolhapur.

Shivraj College of Arts, Commerce & D.S. Kadam Science College, Gadhinglaj, Taluka: Gadhinglaj, District: Kolhapur.

------ Mr. S.G. Karlekar i/b Mr. Satish Raut for Petitioners in Writ Petition Nos.6089 of 2025, 6090 of 2025, 6092 of 2025, 6093 of 2025, 6094 of 2025, 6097 of 2025, 6099 of 2025, 6102 of 2025, 6105 of 2025, 6106 of 2025, 6107 of 2025, 6109 of 2025, 6111 of 2025, 6112 of 2025, 6113 of 2025, 6114 of 2025, 6115 of 2025, 6116 of 2025, 6118 of 2025, 6119 of 2025, 6120 of 2025, 6121 of 2025, 6122 of 2025, 6123 of 2025, 6126 of 2025, 6129 of 2025 and 6130 of 2025.

Mr. Prashant Bhavake, for Petitioners in Writ Petition [Stamp] Nos. 13460 of 2025, 13517 of 2025, 13463 of 2025, 13519 of 2025, 13516 of 2025, 13520 of 2025, 13464 of 2025, 13515 of 2025, 13510 of 2025, 13508 of 2025, 13686 of 2025, 13687 of 2025.

Mr. A.Y. Sakhare, Senior Advocate a/w Ms. Neha S. Bhide, G.P. a/w Mr. Vikas M. Mali, A.G.P a/w Mr. Siddheshwar B. Kalel, A.G.P a/w Ms. Tejas J. Kapre, A.G.P, for Respondent - State.

Mr. Aditya Raktade a/w Mr. Sumit Vhanbatte for Respondents No.4 and 5 in Writ Petition [Stamp] Nos.13460 of 2025, 13517 of 2025, 13463 of 2025, 13519 of 2025, 13516 of 2025, 13520 of 2025, 13464 of 2025, 13515 of 2025, 13510 of 2025, 13508 of 2025, 13686 of 2025, 13687 of 2025.

------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Reserved on : 25th September 2025.

Pronounced on : 1st October 2025.

JUDGMENT ( Per :

Sharmila U. Deshmukh, J.) Rule. Rule made returnable forthwith and taken up for final hearing with the consent of the parties.

These group of Petitions raise identical issues and were taken up for consideration together. Common submissions were advanced and the petitions are being disposed of by this common judgment. For the order that we propose to pass, it is not necessary to venture into the facts of the each individual case. For factual clarity, with consent, Writ Petition No 6089 of 2025 is treated as lead petition and the facts therein are referred. These Petitions impugns the order passed by the Joint Director of Higher Education, cancelling the earlier order granting approval to the transfer of the Petitioner from unaided post to aided post.

The Petitioner in Writ Petition No. 6089 of 2025 came to be appointed on the unaided post of 'Junior Clerk' in the Respondent No.5Senior College, pursuant to an advertisement issued by the Respondent No.4-Educational Institution inviting applications for filling up the said post. Being eligible, the Petitioner came to be appointed on the unaided post of Junior Clerk on 1st January 2019. Subsequently, one aided post of Junior Clerk became vacant in Respondent No.5- Senior College and the Petitioner approached the Respondent No.4-Educational Institution, after successfully completing the probationary period, and sought transfer on the vacant aided post. The Respondent No.4-Educational Institution by resolution resolved to transfer the Petitioner on the aided post of Junior Clerk at Respondent No.5-Senior College.

Transfer Order dated 1st June 2021 was issued transferring the Petitioner from unaided post to the aided post of Junior Clerk. A proposal was forwarded to the Joint Director seeking approval of transfer of the Petitioner, which proposal came to be approved by order dated 13th December 2024 and the Petitioner's name was included in the Sevarth Pranali for payment of salary of the Petitioner through online mode and the salary of the Petitioner was released by the Joint Director. While working on the aided post, the impugned Order dated 19th March 2025 came to be passed by the Respondent No.

cancelling the order dated 13th December 2024 approving the transfer of the Petitioner on aided post pursuant to which the salary of the Petitioner was stopped from the month of March 2025. In these Petitions it is the cancellation of the approval by the Divisional Joint Director, which is impugned.

6.

Learned counsel appearing for the Petitioners would submit that the facts are undisputed. He submits that the Petitioners were duly qualified for being appointed on the said post and the transfer of the Petitioner to the aided post from the unaided post was approved by the Respondent No.3-Divisional Joint Director. He submits that, the successor in office has cancelled the earlier order granting approval which amounts to reviewing its own order without the power of review being available. He submits that the impugned order was passed without show cause notice to the Petitioner or the management and without granting an opportunity of being heard and thus there is breach of principles of natural justice. He submits that the view taken by this Court is that in the absence of allegation of fraud, misrepresentation or suppression in granting approval, there can be no review. 7.

He submits that the approvals were granted in the light of the communication of the Education Department dated 11th April 1990, which permits the transfer of non-teaching staff from unaided post to

aided post. He submits that the impugned order places reliance on the Government Resolution dated 26th August 2021, by which for the first time the State Government expressly barred the transfer of employees from unaided to aided post, which G.R. cannot be applied retrospectively, as the transfer of the Petitioner was prior to the issuance of G.R. of 26th August 2021. In support he relied upon the following decisions: (i) Mrs. Shivanee Prasanna Deshpande Vs. The State of Maharashtra & Ors.1 (ii) State of Punjab Vs. Bandeep Singh & Ors.2 8.

Mr. Sakhare, learned Senior Advocate appearing for the Respondent Nos.1 to 3-State submits that the State Government has issued various G.R.s regulating the appointments of teaching / nonteaching staff of aided school / college. He submits that the Hon'ble Apex Court in the case of A. Umarani Vs. Registrar, Co-operative Societies, Tamilnadu & Ors.3 and Dr. (Smt.) Chanchal Goyal Vs. State of Rajasthan4 has made it clear that there is no scope for regularization unless the appointments were made on regular basis. He submits that the appointments made in violation of the mandatory provision of the statute and in particular ignoring the minimum educational qualification Writ Petition No. 10133 of 2016 & other connected Writ Petitions, dated 1st August 2017 (2016) 1 SCC 724 Civil Appeal No. 1413 of 2003, dated 28th July 2004 Civil Appeal No. 7744 of 1997, dated 18/02/2003

and other qualifications would be wholly illegal and such illegality cannot be cured by taking recourse of regularisation, as per the decision of the Hon'ble Apex Court.

9.

Drawing attention of this Court to the approval order dated 13th December 2024, Mr. Sakhare would contend that the Joint Director had granted approval to the non teaching staff for the reason that they are loyal to institute and they are honest. He submits that the approval specifically states that if in future any Court case occurs or complaints are received then they reserved their right to cancel the approval. He submits that as the approval was granted in violation of the Government Resolution, the then Joint Director has since been suspended. He would further submit that the G.R. of 26th August 2021 specifically prohibits transfer of employee of private non-aided school / college of an institute to aided school / college of the same institute. He submits that approval granted in violation of the G.R.

is ex-facie illegal or without authority of law, putting a heavy financial burden upon the State. Drawing support from the decision in the case of Mohd. Sartaj & Anr. Vs. State of U.P. & Ors.

one penalty is permissible, the court may not issue its writ to compel the observance of natural justice as Courts do not issue futile writs. He submits that even if hearing would have been given in the present case, the result could not have been different and therefore there is no real prejudice, which is caused to the Petitioner by not giving an opportunity of hearing.

10.

He submits that in so far as the power of review is concerned, the Hon'ble Apex Court in the case of Orissa Administrative Tribunal Bar Association Vs. Union of India & Ors.6 had considered the provisions of Section 21 of the General Clauses Act, which provides that the power to issue order when conferred by the Act includes power to add to, amend, vary or rescind the said order. He submits that the Hon'ble Apex Court has held that the doctrine of functus officio exists to provide a clear point where the adjudicative process ends and to bring quietus to the dispute. If the doctrine of functus officio were to be applied to the sphere of administrative decision-making by the State, its executive power would be crippled.

11.

He submits that the Petitioner's appointment being wholly illegal and in contravention of G.R. of 26th August 2021, the approval granted on 13th December 2024 to such appointment is clearly unsustainable. In (2023) 18 SCC 1

support, he relies upon the following decisions :- (i) Mohd. Sartaj & Anr. Vs. State of U.P.7 (ii) Ashok Kumar Sonkar Vs. Union of India8 (iii) State of M.P. Vs. Shyam Pardhi9 (iv) State of U.P. Vs. Neeraj Awasthi10 (v) Orissa Administrative Tribunal Bar Association Vs. Union of India & Ors.11 12.

In rejoinder, learned counsel for the Petitioner submits that the validity of the Order must be judged on the reasons mentioned in the order and cannot be supplemented by fresh reasons set out in the Affidavit-in-Reply.

13.

We have considered the submissions and perused the record. 14.

There are no submissions canvassed disputing the factual position of the transfer of Petitioner from unaided to aided post prior to the issuance of G.R. dated 26th August, 2021, the approval being granted to the transfer and the cancellation of approval without granting any hearing to the Petitioner. The parties have advanced legal submissions as to breach of principles of natural justice and availability of power of review. The core issues arising for consideration is whether the impugned order is vitiated on account of failure to comply with the rule (2006) 2 SCC 315 (2007) 4 SCC 54 (1996) 7 SCC 118 10 (2006) 1 SCC 667 11 (2023) 18 SCC 1

of audi alteram partem and whether Respondent No.3 could have exercised the power of review by revisiting its own earlier order of approval in absence of statutory power of review. 15.

Dealing first with the issue of principles of natural justice, it cannot be disputed that principles of natural justice are deeply rooted and are now considered fundamental in every decision making function whether administrative or quasi judicial. In the case of Swadeshi Cotton Mills Vs. Union of India12, the Hon'ble Apex Court has held that : "The phrase 'natural justice' is not capable of a static and precise definition. It cannot be imprisoned in the straightjacket of a cast-iron formula. Rules of natural justice are not embodied rules. Hence not possible to make an exhaustive catalogue of such rules. Two fundamental maxims of natural justice have now become deeply and indelibly ingrained in the common consciousness of mankind as preeminently necessary to ensure that the law is applied impartially objectively and fairly.

These twin principles are (i) audi alteram partem and (ii) nemo judex in causa sua. Audi alteram partem is a highly effective rule devised by the Courts to ensure that a statutory authority arrives at a just decision and it is calculated to act as a healthy check on the abuse or misuse of power. Its reach should not be narrowed and its applicability circumscribed."

"The maxim audi alteram partem has many facets. Two of them are (a) notice of the case to be met, and (b) opportunity to explain. The rule cannot be sacrificed at the altar of administrative convenience or celerity; for, convenience and justice are often not on speaking terms. Difficulties, however, arise when the statute conferring the power does not expressly 12 1981 AIR SC 818

exclude this rule but its exclusion is sought by implication due to the presence of certain factors such as urgency where the obligation to give notice and opportunity to be heard would obstruct the taking of prompt action of a preventive or remedial nature."

16.

In S.L. Kapoor Vs Jagmohan & Ors.13, the Hon'ble Apex Court held as under:

"In our view, the principles of natural justice know of no exclusionary rule dependent on whether it would have made any difference if natural justice had been observed. The non observance of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary. It ill comes from a person who has denied justice that the person who has been denied justice is not prejudiced. As we said earlier where on the admitted or indisputable facts only one conclusion is possible and under the law only one penalty is permissible, the court may not issue its writ to compel the observance of natural justice, not because it is not necessary to observe natural justice but because courts do not issue futile writs."

(Emphasis supplied).

17.

In Madhyamam Broadcasting Ltd vs Union of India14, the Hon'ble Apex Court held that the principles of natural justice were read into the law and conduct of judicial and administrative proceedings with an aim of securing fairness and to realise four momentous purposes that is (a) Fair outcome (b) Inherent value in fair procedure (c) Legitimacy of decision and decision making authority and (d) Dignity of individuals. 13 (1980) 4 SCC 379 14 (2023) 13 SCC 401

18.

The above quoted decisions of the Hon'ble Apex Court underscores the importance of observance of principles of natural justice and reemphasises and re-iterates the necessity of compliance with the same. The principles of natural justice have made inroads in administrative actions and demands compliance. Fairness in dealing with citizen's right is an integral part of State action with natural justice being an essential constituent thereof.

19.

In the decision of S.L. Kapoor (supra), the Hon'ble Apex Court noted that where the facts would lead to only one conclusion, it would result in issuance of futile writs, which the Court would not do. Pertinently, on the aspect of prejudice it held that there is no necessity of demonstrating prejudice independently as non observance of natural justice itself causes prejudice. In the instant case, the passing of the impugned order without hearing the Petitioner is sought to be justified on the ground that the applicability of G.R. dated 26th August, 2021 to the admitted undisputed facts would lead to only one conclusion of cancellation of approval. To test the said argument, it would be necessary to consider the G.R. dated 26th August, 2021. 20.

We have minutely perused the G.R. of 26th August 2021. The object of issuance of GR is non observance of the necessary procedure regarding the educational qualifications, roster point etc while appointing

non teaching staff in aided college, which appointment continues on aided post without grant of no objection by the concerned authority ultimately resulting in litigation in favour of the employee and against the State Government. The G.R. further states that in order to ensure that in future such irregularities in appointment do not occur, the procedure laid down in the GR is required to be followed strictly by private aided colleges.

21.

A reading of the G.R. makes it evident that the purpose of issuance of G.R. is to curb the future irregularities by setting out the procedure to be strictly followed while carrying out appointment as well as transfers to aided posts. The resolution provides that the appointments have to be done by strictly considering the educational qualifications, experience etc. It further provides that where one educational institution is running several unaided/ aided / permanently unadided colleges, the institution without following the procedure should not transfer an employee from the unaided post to the aided post. In event, such an illegal transfer is made and the concerned officer releases the grant-in-aid, he will be liable for disciplinary action and in case of such illegalities, the appointed employee will not be entitled to salary by release of grant-in-aid. Upon reading of the G.R., it is evident that the same relates to the procedure to be followed during appointments and transfers to aided post.

Considering the directions contained therein, it is incomprehensible that the procedure set out therein would apply to transfers made prior thereto. The directions in said G.R. will necessarily apply to future appointments and transfers.

22.

To accept the submission of Mr. Sakhare would amount to giving retrospective application to the G.R. resulting in setting at naught the appointments/transfers made prior to the issuance of G.R, which cannot be countenanced. The directions which were not in force at the time of appointment / transfer cannot be applied by giving the G.R. a retrospective applicability. The procedure set out in the G.R. for obvious reasons cannot be made applicable to the transfers already made prior to the issuance of G.R. and will not adversely impact them. 23.

Apart from the prospective applicability of the G.R., whether it would apply to the facts of the present case is itself doubtful. The G.R. does not touch the aspect of grant of approval to the transfers already effected and confines itself to future appointments/transfers. The impugned order does not dispute the genuineness of the transfer, the date of the transfer or that the transfer of the Petitioner has taken place prior to the issuance of the G.R. of 26th August 2021. Even against the admitted facts,, in our view, it is difficult to accept that the only possible conclusion is violation of the G.R. and resultantly cancellation of the

approval ruling out the necessity of grant of hearing. 24.

It is not a clear cut case of violation of G.R. but various issues arise which require adjudication. To infuse legitimacy and fairness in the impugned action, compliance with rule of audi alteram partem cannot be dispensed with. The failure to comply with the principles of natural justice has caused real prejudice to the Petitioners as the earlier approvals granted to their transfers came to be cancelled without even a show cause notice. In our view, in facts of present case, this is not a case warranting exclusion of principles of natural justice. 25.

The impugned order also makes a reference to decision of Director Higher Education dated 13th July, 2023 pursuant to order dated 17th April 2023 passed by this Court (Aurangabad Bench) in Sanjay Kondiba Shinde & Ors. Vs. the State of Maharashtra in Writ Petition No. 4276 of 2023. The Director Higher Education by its decision dated 13th July 2023 has refused to grant approval for inclusion of the names of those persons in the Sevarth Pranali after their transfer from permanent unaided post to aided post. In so far as the decision of this Court (Aurangabad Bench) is concerned, the order of 17th April 2023 referred to in the impugned Order is annexed at page 59. The said order is an innocuous order disposing of the Petition by directing the Respondent No.5 therein to deal with the said proposal. It is incomprehensible that the said decision of

17th April 2023 passed in Writ Petition No. 4276 of 2023 could form the basis of cancellation of the approval, as there is no direction by the Aurangabad Bench except to adjudicate the proposal. Though a reference has been made to the decision of 13th July 2023, the said decision is not placed on record and there are no submissions qua the said decision of Director Higher Education.

26.

In so far as the exercise of power of review is concerned, the Hon'ble Division Bench of this Court in the case of Mrs. Shivanee Prasanna Deshpande Vs. The State of Maharashtra & Ors. (supra) in identical fact situation where the approvals were granted and subsequently cancelled by the Education Officer has held that it is the settled principal of law that unless the power of review is specifically or by necessary implication provided, the authority cannot review its own order. The Hon'ble Division Bench carved out the exceptions where the order is obtained by exercising fraud in which case the Order would stand vitiated. We leave it at that as we intend to remand the matter for fresh consideration.

27.

There is no quarrel with the principles laid down in the decisions relied upon by Mr. Sakhare, however, its applicability to facts of present case begs differentiation. In absence of pre-decisional hearing being given to the Petitioner, we are inclined to remand the matter to the

Respondent No.3 to decide the issue afresh after granting an opportunity of hearing to the Petitioners. We are of the view that the remand of the matter for fresh consideration is not an empty formality as the issue involved requires detailed adjudication after hearing the parties. We make it clear that the discussion above is only for the purpose of emphasizing the need for grant of an opportunity of hearing to the Petitioner and the Respondent No.3 may consider the matter afresh on its own merits and uninfluenced by the observations made herein in that context. All rights and contentions of the parties are expressly kept open. 28.

In the light of the above discussion, the impugned orders are hereby quashed and set-aside. The Respondent No.3 is at liberty to issue show-cause-notices to the Petitioners calling upon them to show cause as to why the approval granted earlier should not be cancelled and after granting an opportunity of being heard to the Petitioners pass appropriate Orders therein.

29.

Rule is made absolute in above terms. Writ Petition is disposed of. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.10.01 17:10:22 +0530 OMKAR SHIVAHAR KUMBHAKARN