Rajashri Ramesh Gavale And ANR v. The State Of Maharashtra Thr The Secretary, School Edu. Dept. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by SUNNY ANKUSHRAO THOTE Date: 2025.11.13 10:20:13 +0530 SUNNY ANKUSHRAO THOTE CIVIL APPELLATE JURISDICTION
(6) WRIT PETITION NO. 229 OF 2025 Sanjay Vishnu Bhagat & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(7) WRIT PETITION NO. 230 OF 2025 Kumudinee Raghu Dode & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(8) WRIT PETITION NO. 447 OF 2025 Prema Nathu Rawate & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(9) WRIT PETITION NO. 448 OF 2025 Bhavana Raghunath Padvale & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(10) WRIT PETITION NO. 449 OF 2025 Rajashri Ramesh Gavale & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(11) WRIT PETITION NO. 451 OF 2025 Jayshri Mohan Araj & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
AND
(12) WRIT PETITION NO. 469 OF 2025 Hemant Shantaram Pawar & Anr.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Vinayak Kumbhar a/w Mr. Rajendra Khaire, Mr. Aniket Phapale i/by Ms. Ashwini N. Bandiwadekar, Advocate for the Petitioners. Mr. P.P. Kakade, Addl. G.P. a/w Ms. P.N. Diwan, AGP for the Respondent/State in WP/229/2025.
Ms. P.M.J. Deshpande, AGP for the Respondent/State in WP/230/2025.
Ms. Priyanka Chavan, AGP for the Respondent/State in WP/447/25. Mr. S.H. Kankal, AGP for the Respondent/State in WP/448/2025. Mr. Vaibhav Charalwar, 'B' Panel Counsel for the Respondent/State in WP/449/2025.
Ms. Kavita N. Kolunke, Addl. G.P. a/w Ms. Nisha Mehra, AGP for the Respondent/State in WP/451/2025.
Mr. A.K. Naik, AGP for the Respondent/State in WP/469/2025. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 11th NOVEMBER, 2025
P.C. :- 1.
In these matters, the Education Officer (Secondary), Zilla Parishad, Palghar, has passed identical orders concluding on a solitary point that, because the Petitioners were not recruited through the Pavitra Portal, approvals to their appointments cannot be granted. The learned AGPs point out that recently this Court has delivered a Judgment on 16th October, 2025 in Writ Petition Nos.6949 of 2025, 6950 of 2025 and 10116 of 2025 (Kum. Ratna Ramesh Salunke & Ors. V/s. The State of Maharashtra & Ors.), concluding that Pavitra Portal is the only legal process through which recruitment can be made. If the Pavitra Portal is activated for any Institution and the Login-ID is also furnished to the Management, appointments cannot be made de-hors the Pavitra Portal.
2.
In the impugned order, we do not find that the Education Officer has taken the efforts to verify as to whether the Pavitra Portal was activated and whether the Login-ID was furnished to the Management, namely Kudus Vibhag Shikshan Sevak Sangh Chinchghar, Post Kudus, Taluka Wada, District Palghar, which appointed these Petitioners.
3.
In the absence of a specific scrutiny on this count, merely rejecting the proposal on the ground that the recruitment was not made through the Pavitra Portal, would result in miscarriage of justice. We, therefore, deem it appropriate to remit these matters to Respondent No.2/Education Officer (Secondary) to carry out an inquiry as regards whether the Pavitra Portal was activated and whether the Login-ID was allocated to the Management. 4.
In view of the above, these Writ Petitions are partly allowed, only for the aforestated reason. The impugned orders are quashed and set aside. The proposals of these Petitioners are remitted to the office of Respondent No.2/Education Officer (Secondary).
5.
The Management, which is before us as Petitioner No.2 in these matters, would file an affidavit sworn on oath before Respondent No.2/Education Officer (Secondary), within a period of 30 days from today, declaring whether the Pavitra Portal was activated with reference to its Institutions and whether the Login-ID was allocated to the Management. Based on the contents of the affidavit, Respondent No.2/Education Officer (Secondary) would
carry out a verification exercise. Needless to state, if the Pavitra Portal was activated and the Login-ID was made available to the Management at the time when the Petitioners were appointed, the Education Officer would be at liberty to follow the law laid down in Kum. Ratna Ramesh Salunke (Supra). If the Pavtira Portal was inactive and no Login-ID was allocated to the Management, the Education Officer will consider each case on its own merits and pass a reasoned order.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)