Smt. Manisha Ramesh Nimbalkar ( Nee Manisha Ganpatrao Mangale ) v. The State Of Maharashtra Through The Secretary, School Edu. And Sports Dept. And ORS

6-23-Wp-14059-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14059 OF 2023 Smt. Manisha Ramesh Nimbalkar ( Nee Manisha Ganpatrao Mangale ) ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents ------ Mr. Prashant S. Bhavake for the Petitioner.

Ms. Veera Shinde, A.G.P. for the Respondent Nos.1 to 5-State. Mr. Utkarsh S. Desai for the Respondent Nos.6 & 7 . ------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : 8th October 2025.

P. C. :

1.

Heard Mr. Bhavake, learned counsel for the Petitioner, Ms. Shinde, learned A.G.P. for the Respondent Nos.1 to 5-State and Mr. Desai, learned counsel for the Respondent Nos.6 & 7.

2.

Perusal of the impugned order dated 25th September 2023, which is at page 110 of the paper-book, would indicate that the proposal for individual approval to the appointment of the Petitioner as Shikshan Sevak was rejected without giving an opportunity to the Petitioner and the Respondent Nos.6 & 7-Management to cure the deficiencies or submit osk 1 of

6-23-Wp-14059-2023.doc an explanation.

3.

As no opportunity was given to cure the deficiencies, the impugned order be treated as 'Show cause notice' to the Respondent Nos.6 & 7Management with a view to afford an opportunity to them to cure the deficiencies and submit its explanation. The deficiencies be cured within a period of two weeks from today. The show cause notice be decided within a period of eight weeks from today.

4.

In case, the approval to the appointment of the Petitioner is granted, the Respondent No.4-Deputy Director is directed to enter the name of the Petitioner in Shalarth Pranali and issue Shalarth I.D. to the Petitioner and release the grant-in-aid towards payment of monthly salary / honorarium to the Petitioner since the date of her appointment with consequential benefits within a period of eight weeks from the date of grant of approval to the appointment of the Petitioner. 5.

Moreover, it is open for the Petitioner and the Respondent Nos.6 & 7-Management to make out a case before the Respondent No.5-Education Officer (Secondary) that the G.R. regarding Pavitra Portal is not applicable in the present case.

6.

Petition is disposed of in above terms.

7.

All contentions of both the parties are kept open. by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.10.09 20:47:21 +0530 [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] OMKAR SHIVAHAR KUMBHAKARN osk 2 of