Bhagatsingh Dipsinh Navane And ORS v. The State Of Maharashtra And ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11048 OF 2025 Bhagatsingh Dipsinh Navane and others ] Petitioners versus The State of Maharashtra, through the ] Secretary, School Education and Sports ] Department, Mantralaya and others ] Respondents .....

Mr. Prashant Bhavake, for Petitioners.

Ms. T.J. Kapre, A.G.P, for Respondent - State. .....

CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ DATE : 3rd NOVEMBER, 2025.

ORAL ORDER: [PER M.S. KARNIK, J.]:

1.

Heard Mr. Bhavake, learned Counsel for the petitioners and Ms. Kapre, learned A.G.P, for respondent - State.

2.

The petitioners have challenged the letter dated 28th May, 2025 issued by respondent No.3 - The Director of Education (Secondary and Higher Secondary), Maharashtra State, Pune issuing directions to the Deputy Director of Education and the Education Officers (Secondary) not to grant approvals to the appointment of non-teaching employees and also not to allot Shalarth ID to SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.11.04 10:43:18 +0530

the approved non-teaching employees till finalization of staffing pattern for the academic year 2024-2025. The petitioners have also challenged the impugned order dated 28th July, 2025 passed by respondent No.5 - Education Officer rejecting the proposal for individual approval to the appointment of the petitioner No.1 made by petitioner No.2 - Educational Institution at petitioner No.3 - Secondary School in the post of "Junior Clerk". In view of the letter dated 28th May, 2025, respondent No.5 is not granting the approval to the appointment of the petitioner No.1.

3.

Learned A.G.P opposed the petition.

4.

It is pointed out by the learned Counsel for the petitioners that staff schedule for academic year 2024-2025 was approved on 23rd July, 2025 which was not to the notice of the petitioner when the petition was filed. In this view of the matter, main reason for rejection of the proposal for individual approval to the appointment of the petitioner No.1 does not survive. 5.

Since the staff schedule has now been approved for the academic year 2024-2025, the respondent No.5 - Education Officer (Secondary) to consider the proposal for individual approval to the appointment of the petitioner No.1 on it's own merit and in accordance with law uninfluenced by anything contained in the communication dated 28th May, 2025 addressed by the respondent No.3 - Director of Education ((Secondary and Higher Secondary),

Maharashtra State, Pune. The proposal for individual approval be considered as expeditiously as possible and, in any case, within a period of eight weeks from the date of communication of this order.

6.

If there are deficiencies in the proposal, respondent No.5 - The Education Officer (Secondary) to communicate the said deficiencies to the petitioners within a period of two weeks from the date of communication of this order. Compliance be made by the petitioners within a period of two weeks thereafter.

7.

In case, approval is granted, respondent No.4 - The Deputy Director of Education to grant Shalarth I.D. expeditiously. 8.

The Writ Petition is disposed of.

9.

All contentions of the parties are expressly kept open. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.]