Chiveli Panchkroshi Vikas Mandal And ORS v. The State Of Maharashtra Through The Secretary And ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17601 OF 2024 Chiveli Panchkroshi Vikas Mandal ] and others ] Petitioners versus The State of Maharashtra through the ] Secretary, School Education and Sports ] Department, Mantralaya, Mumbai ] and others ] Respondents .....

Mr. Prashant Bhavake, for Petitioners.

Mr. V.M. Mali, A.G.P, for Respondent - State. .....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ DATE : 16th SEPTEMBER, 2025.

P.C:

1.

Heard Mr. Bhavake, learned Counsel for the Petitioners and Mr. Mali, learned A.G.P, for Respondent - State.

2.

Mr. Mali, learned A.G.P opposed the Petition. 3.

Petitioner No.3 is B.Sc B.Ed by qualification and belongs to Scheduled Caste category. Petitioner No.1 - Chiveli Panchkroshi Vikas Mandal - Educational Institution published an advertisement in daily Newspaper "Sagar" SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.09.18 12:47:12 +0530

for recruitment on the post of "Shikshan Sevak" at Petitioner No.2 - Adarsh Vidyamandir, Chiveli - School for Scheduled Caste category. Advertisement is dated 27th April, 2022.

4.

Petitioner No.1 vide communication dated 21st February, 2022 has requested Respondent No.5 - Education Officer (Secondary), Zilla Parishad, Ratnagiri to send surplus teacher or permit them to fill in the post. By a communication dated 23rd March, 2022, Respondent No.5 - Education Officer (Secondary) informed Petitioner No.1 that the said post should be filled in afresh through Pavitra Portal. However,it is an admitted position that Pavitra Portal was not functional till July, 2024. This Court in the case of Kalyansingh Indrasing Rajput and others Versus The State of Maharashtra, through Its Principal Secretary and others in Writ Petition No.10205 of 2024 decided on 23rd April, 2025 has observed that from 2017 onwards until June, 2024 and might be even thereafter the Pavitra Portal was not functional. Controversy in the present case is squarely covered by the decision in Kalyansingh Indrasing Rajput and others (supra).

5.

The only reason as to why the proposal for approval to the appointment of Petitioner No.3 is rejected is that appointment was not made through Pavitra Portal. The petition, therefore, succeeds. The impugned order dated 25th September, 2024 which was passed after remand by this Court is quashed and set aside. Respondent No.5 - Education Officer is directed to grant the proposal

for individual approval to appointment of Petitioner No.3 as "Shikshan Sevak" within a period of four weeks. Shalarth I.D be granted within a period of six weeks thereafter.

6.

The Petitioner shall not claim any financial benefits from the date of appointment till 1st November, 2022. Rest of the arrears be released expeditiously and, in any event, within a period of sixteen weeks from the date of this order.

7.

The Petition is disposed of in the aforesaid terms. No order as to costs. [SHARMILA U. DESHMUKH. J.] [M.S. KARNIK, J.]