Ashwini Dattajirao Patil v. The State Of Maharashtra Throu. The Secretary School Education And Sports Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15326 OF 2024 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.12.08 14:22:50 +0530 Ashwini Dattajirao Patil ... Petitioner UDAY SHIVAJI JAGTAP

Versus

The State of Maharashtra & Ors.

... Respondents .............

Mr. Satish S. Raut (through VC) a/w Shravan H. Sul for the Petitioner. Mr. S.B. Kalel, AGP for the Respondent -State. .............

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : December 05, 2025.

P. C. :

1.

Heard Mr. Raut, learned counsel for the petitioner, who appears from VC would submit that the petitioner was appointed as Shikshan Sevak / Assistant Teacher on part time basis w.e.f. 15th June 2013 under the appointment order issued by the respondent No.3 - Education Institution. He would submit that the appointment so made was after due selection procedure and accordingly the competent authority also granted approval to the part time appointment of the petitioner vide its order dated 3rd May 2018. He would further submit that in due course of time, the vacancy in the respondent No.4 school was granted 1 of

full time Assistant Teacher. He would submit that by conducting due process, the petitioner came to be appointed on the post of Assistant Teacher in the respondent No.4 school. It seems that the school management vide its letter dated 22nd July 2023 has submitted a proposal seeking approval to the petitioner's appointment to the Deputy Director of Education, Kolhapur. Mr. Raut, learned counsel for the petitioner would submit that since the submission of the proposal, there is no action from the end of the Deputy Director of Education. In view of this, we deem it appropriate to dispose of the Writ Petition in the following directions.

2.

The petitioner as also the school management may submit a comprehensive representation / claim proposal to the Deputy Director of Education, Kolhapur Region, Kolhapur for seeking approval to the appointment of the petitioner on the post of Shikshan Sevak / Assistant Teacher in the respondent No.4 - school. 3.

The petitioner and the school management may ile such comprehensive representation / claim proposal within 4 weeks from today. The Deputy Director of Education shall decide such representation within 8 weeks thereafter on its own merits and considering the law prevailing in the ield.

2 of

4.

Needless to mention that if the Deputy Director of Education inds deiciencies / queries while considering the proposal, he would call upon the petitioner as also the school management to clarify or to resolve such queries. In any case, the Deputy Director of Education shall decide the proposal within 8 weeks from the date of its receipt as observed above.

5.

In case the authority i.e. the Deputy Director of Education approves the appointment of the petitioner, the respondent No.2 shall include the name of the petitioner in the Shalarth system as also shall issue Shalarth ID to the petitioner and the respondent authority shall accordingly issue the salary to the petitioner. 6.

All contentions are kept open. The Writ Petition is disposed of. [Ajit B. Kadethankar, J. ] [ M. S. Karnik ] 3 of