Archana D/O Uttamrao Pathade (Now Sou.Archana W/O Onkar Kadawe) v. The State Of Maha. Thr. Its Secretary, Department Of Secondary And Higher Sec. Education, Mumbai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 1245 OF 2024 ARCHANA D/o UTTAMRAO PATHADE (Now Sou. ARCHANA W/o ONKAR KADAWE)

VERSUS

STATE OF MAH., THRU. ITS SECY., DEPTT. OF SEC.& H.SEC. EDN., MUMBAI AND OTHS. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. A. Z. Jibhkate, Advocate for the petitioner Mrs. Kavita H. Bhondge, A.G.P. for the respondent no.1 to 3 Ms. Gayatri B. Dharmadhikari, Advocate for respondent no.4 Mr. S. D. Abhyankar with Ms. S.S. Abhyankar, Advocate for R.No.5/Intervenor CORAM : SMT. M. S. JAWALKAR and M. W. CHANDWANI, JJ.

DATE : NOVEMBER 13, 2025.

1.

Heard.

2.

Pursuant to the directions given by this Court vide order dated 30.07.2024, respondent no.3 - Deputy Director of Education conducted enquiry and submitted the enquiry report dated 19.08.2024 along with pursis St.No.3/2024, dated 20.08.2024.

3.

Perusal of the eqniry report dated 19.08.2024 reveals that respondent no.3 - Deputy Director of Education has relied on letter no. 587/11 dated 07.06.2011 treating it as no objection certificate issued by the Education Officer and given a finding that the no objection certificate was not found in the record. Based on the said opinion, it has been observed by the Deputy Director of Education that the appoval for appointment of the teachers pursuant to the said advertisement, is forged

2 4 wp1245.24.odt and fabricated.

4.

The learned counsels appearing for the petitioner as well respondent no.4 Management drawn our attention to letter No. 587/2011 dated 07.06.2011 and contended that this is a letter by respondent no.4-Management addressed to respondent no.2 - Education Officer and not the no objection certificate issued by respondent no.2 - Education Officer granting permission to respondent no.4Management to fill up the posts of Teachers. Our attention has also been drawn to the advertisement submitted along with the approval to the appointment of the Teachers pursuant to the said advertisement. Perusal of the advertisement reveals that it mentions letter No. 587/2011 dated 07.6.2011 issued by the Management and not the no objection certificate of the Education Officer.

5.

In view of the submission of the learned counsels appearing for the petitioner and respondent no.4 that the advertisement does not refer the letter of the Education Officer, but it refers the letter by the Management to fill up the posts of Teachers, respondent no.3 - Deputy Director of Education is directed to revisit the letter dated 07.06.2011 as well as the advertisement and shall file its response by 20.11.2025.

7.

List this matter on 20.11.2025 for further consideration.

(M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.)

3 4 wp1245.24.odt Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 14/11/2025 10:42:30