Priyadarshani Shikshan Sanstha Primary And Secondary School And ORS v. The State Of Maharashtra Through G.P. And ORS
Digitally signed by GAURI AMIT GAEKWAD Date:
2025.02.27 14:42:32 +0530 GAURI AMIT GAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(32) WRIT PETITION NO.2339 OF 2025 Priyadarshani Shikshan Sanstha and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(41) WRIT PETITION NO.2395 OF 2025 Priyadarshani Shikshan Sanstha and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(49) WRIT PETITION NO.2516 OF 2025 Priyadarshani Shikshan Sanstha and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents ---- Mr. Rahul S. Kadam for the Petitioners in all Petitions. Mr. P.P. Kakade, Addl. GP a/w. Mr. A.C. Bhadang, AGP for Respondent - State in WP/2339/2025.
Mr. P.P. Kakade, Addl. GP a/w. Mr. S.P. Kamble, AGP for Respondent - State in WP/2395/2025.
Mr. P.P. Kakade, Addl. GP a/w. Ms. D.S. Deshmukh, AGP for Respondent - State in WP/2516/2025.
---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 24th FEBRUARY, 2025 P.C. :- WRIT PETITION NO.2339 OF 2025 WITH WRIT PETITION NO.2395 OF 2025 WITH WRIT PETITION NO.2516 OF 2025 1.
In all these matters, proposal for grant of Shalarth ID
has been declined, vide the impugned orders dated 31st March, 2023, for the reason that the outward numbers of the registers indicating the grant of approval to their appointments, are not matching with the original record. Reliance is placed on the Government Resolution dated 12th January, 2024, which prescribes a specific procedure to be followed while considering the proposals for grant of Shalarth ID.
2.
Heard the learned Advocate for the Petitioners and the learned Additional GP in all these matters. All these Petitioners are identically placed. None of them or their Management were given an opportunity of hearing before passing the impugned order. 3.
In view of the above, these Petitions are partly allowed. The impugned orders stand quashed and set aside. 4.
The remarks set out in bold letters in the impugned order, shall be treated as objections raised by Respondent No.2. The Management would ensure that the deficiencies are removed within a period of 21 days. The Management in these three matters (Petitioner No.1 in all these three matters), shall remain present before Respondent No.2 on 6th March, 2025 at 12 noon. Respondent
No.2 shall refer to the entire record pertaining to the proposal for approval to the Petitioner employees (Petitioner No.3 in all these three matters) and after a due verification, grant an opportunity to the Management to remove the deficiencies.
5.
Respondent No.2, after due verification and completion of this exercise, would forward the proposal to Respondent No.3 for grant of Shalarth ID, within 7 days of the conclusion of the verification exercise. Respondent No.3, would ensure that if all the documents are in order, grant Shalarth ID to the concerned employees within 15 days from the receipt of the files. If there is any reason for refusing Shalarth ID to any of these employees, a reasoned order would be passed and which would be communicated to the Management, as well as the employees, expeditiously. Thereafter, the aggrieved parties are at liberty to avail of a remedy as is permissible in law.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)