Maharashtra Rajya Sevanivrutta Shikshak Shikshakettar And Adhikari Sanghatana Thr. President v. The State Of Maharashtra Thr. Secretary And ORS.
Shailaja corrected vide order dated 22.12.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11554 OF 2025 Maharashtra Rajya Sevanivrutta Shikshak ] Shikshakettar and Adhikari Sanghatana ] through President Madhukar s/o Mahadev ] Jangam and others ] Petitioners versus The State of Maharashtra and others ] Respondents .....
Mr. Shivkumar K. Mathpati, for Petitioners.
Ms. S.N. Deshmukh, A.G.P, for Respondent - State. .....
CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ.
DATE : 17th DECEMBER, 2025.
P.C:
1.
Heard Mr. Mathpati, learned Counsel for the petitioner and Ms. Deshmukh, learned A.G.P, for respondent - State. 2.
Vide present petition, the petitioner has put forth the following prayers;
"A. The Resp. No. 1 to 4 may kindly be directed to issue appropriate directions to all the Chief Executive Oicers of the Zilla Parishads or to all the head of the departments within the State of the Maharashtra pursuant to not to recover on account of non-completion of MS-CIT Course within stipulated period, by issuing a writ of certiorari or any other appropriate writ or order or direction in like nature, as the case may be; SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.12.23 10:20:49 +0530
B. The Resp. No. 1 to 4 & 5 to 8, may kindly be directed to refund the recovered amount from the members of the Petitioners' Sanghatana in respect of non-completion of MS-CIT course within stipulated time, with an interest @12% per annum from the date of recovery till actual payment, by issuing a writ of mandamus or any other appropriate writ or order or direction in like nature, as the case may be; C. To grant any other relief to which the petitioner is found entitled to in the peculiar facts and circumstances of the case". 3.
Mr. Mathpati would submit that the petitioner is a registered organization of Maharashtra State retired teachers, non teaching employees and oicers. He would submit that on 1st September, 2025, the petitioner-organization has made a representation to the Principal Secretary, Education and Sports Department of Government of Maharashtra thereby requesting not to recover the penalty from the members of the organization on account of failure to submit MSCIT certiicate within stipulated time. 4.
Learned Counsel would submit that there are various orders passed by this Court wherein the directions are given to the Government-Authorities not to recover such amount or if recovered, to reimburse the same to the concerned employees. He would submit if the directions are given to the respondents - Authorities to consider the representation dated 1st September, 2025 on merits with an opportunity of hearing, they would convince the respondents - Authorities to consider their representation.
5.
Learned A.G.P would submit that respondent - Authority would decide the representation within eight weeks from the date of communication of this order.
6.
In view of this, petition is disposed of with following directions; "A] Respondent No.1 - Chief Secretary, School Education and Sports Department is directed to decide the representation dated 1st September, 2025 submitted by the petitioner-organization within a period of eight weeks from today.
B] Needless to mention that the petitioner is at liberty to produce the documents and relevant judgments to substantiate their claim".
7.
We clarify that we have not passed any order on merits. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.]