Piyush Prakash Gaikwad v. The State Of Maharashtra And Others

2026:BHC-AUG:6549-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 257 OF 2026 Piyush Prakash Gaikwad

VERSUS

The State Of Maharashtra And Others Mr. V. H Dighe, Advocate for petitioner Mr. S. B. Narwade, AGP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 11th February, 2026 PER COURT :- 1.

Present petition challenges the communication dated 15.09.2025 issued by respondent No. 2 - the Education Officer (Secondary), Zilla Parishad, Nanded, whereby the present petitioner's proposal came to be rejected. The petitioner also seeks direction to respondent No. 2 to reconsider and decide the proposal dated 16.05.2025, for grant of approval to the appointment order of the petitioner as junior clerk, submitted by respondent No. 3 Management. 2.

Learned Advocate appearing for the petitioner submits that after following the due procedure, the petitioner came to be appointed as a junior clerk vide appointment order dated 15.10.2024. After the appointment, the management has forwarded the proposal of the petitioner's appointment for approval to the office of respondent No.2 - 923-WP-257-2026.odt

Education Officer. Learned Advocate has invited our attention to the communication dated 15.09.2025, wherein the Education Officer has rejected the proposal on the basis of letter dated 28.08.2025, issued by the Director of Education, Secondary and Higher Secondary, Maharashtra State, Pune, wherein it is stated that after the appointments made on the compassionate ground and absorption of surplus non-teaching staff is completed, only thereafter the proposals in respect of regular appointments should be considered.

3.

We find that the reason mentioned in the communication dated 15.09.2025, is absolutely insufficient and vague and does not decide the proposal of the petitioner on its own merits. For this reason, we partly allow the Writ Petition. The communication dated 15.09.2025, issued by respondent No. 2 - Education Officer stands quashed and set aside. We direct respondent No. 2 - the Education Officer (Secondary), Zilla Parishad, Nanded to reconsider the proposal of the present petitioner without relying upon the letter dated 28.08.2025 issued by the Director of Education. The proposal of the petitioner to be decided on its own merits, within a period of six weeks from today. (Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 923-WP-257-2026.odt