Nishan Balkrishan Thakur v. The State Of Maharashtra Throu. The Sec. School Education And Sports Dept And ORS

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2025.08.22 12:19:32 +0530 RUSHIKESH VISHNU PATIL 502 WP.7909.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7909 OF 2025 Nishant Balkrishna Thakur .. Petitioner Vs.

The State of Maharashtra Through the Secretary School Education and Sports Department and Ors.

.. Respondents Mr. Sushant A. Khatake, Advocate for the Petitioner. Ms Nisha Mehra, AGP, for Respondent Nos. 1 to 5. CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ DATE : 11TH AUGUST 2025.

P.C. :

The petitioner who is claiming approval for his appointment on the post of Shikshan Sevak is aggrieved by the order dated 10th July 2024 passed by the Education Officer (Secondary), Zilla Parishad, Palghar.

2.

The learned counsel for the petitioner points out that the only ground taken in the impugned order dated 10th July 2024 is that appointment of the petitioner was not through Pavitra Portal. In that connection, the learned counsel for the petitioner refers to the order dated 23rd April 2025 passed in Writ Petition No.10205 of 2024 titled "Kalyansing Indrasing Rajput & Ors. v. The State of Maharashtra through its Principal Secretary & Ors." with connected writ petitions. However, the stand taken on behalf of the petitioner has been controverted by the respondent by filing the reply affidavit wherein it is stated that the appointment of the petitioner was in contravention to the mandatory provision under the Government Resolution dated 23rd June 2017 inasmuch as the advertisement for appointment on the 1/2 R. V. Patil

502 WP.7909.2025.doc post of Shikshan Sevak was published in daily newspaper Vartahar Naradvani which is not a widely circulated newspaper. Ms. Nisha Mehra, the learned AGP for the State-respondents has also referred to an order passed by this Court in Writ Petition No. 3142 of 2020 titled "Pravin Bodhu Kasbe v. The State of Maharashtra & Ors." to submit that it has been held by this Court that it is mandatory to make appointment through Pavitra Portal. The learned AGP has also referred to a decision in Writ Petition No. 16128 of 2024 titled "Pooja Yogesh Singh & Anr. v. State of Maharashtra & Ors." (2024 SCC OnLine Bom 3677) to lay support to the stand taken by the respondents that the advertisement for appointment on the post of Shikshan Sevak must be published in a widely circulated newspaper.

3.

As to the objection raised by the respondents regarding publication of the advertisement in daily newspaper Vartahar Naradvani, we intend to indicate that whether or not the said newspaper is a widely circulated newspaper is a fact that has to be decided after seeking response of the petitioner. Insofar as the reliance placed on the order passed in Writ Petition No. 3142 of 2020 is concerned, we would simply observe that the said order has been taken note of by the writ Court in its order dated 23rd April 2025 in Writ Petition No. 10205 of 2024. Having regard to the aforesaid aspects of the matter, the order dated 10th July 2024 is quashed and the matter is remanded back to the Education Officer (Secondary)-the respondent no.5 to pass a fresh order in the light of the above observations. 4.

Writ Petition No. 7909 of 2025 is allowed in the above terms. [ MANJUSHA DESHPANDE, J. ] [SHREE CHANDRASHEKHAR, J. ] 2/2 R. V. Patil