Prakash Vitthal Mohite v. The State Of Maharashtra Thr Its Secretary Education Department And ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8906 OF 2025 Prakash Vitthal Mohite ] Petitioner versus The State of Maharashtra and others ] Respondents .....

Mr. Satish Raut, for Petitioner.

Mr. S.B. Kalel, A.G.P, for Respondent - State. .....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ DATE : 19th AUGUST, 2025.

P.C:

1.

Heard learned Counsel for the parties.

2.

Challenge in this petition is to the orders dated 24th March, 2025 and 17th October, 2024 passed by respondent No.2 - Divisional Secretary Maharashtra, State Board of Secondary and Secondary Education Pune Divisional Board, Pune and respondent No.3 - The Deputy Director of Education, Pune Division, Pune refusing the approval of the proposal for appointment of the petitioner as an "Assistant Teacher" on the ground that his appointment was not made through Pavitra Portal. The petitioner was appointed on 30th June, 2020.

3.

Learned A.G.P made an attempt to support the impugned orders dated dated 24th March, 2025 and 17th October, 2024 passed by respondent No.2 - Divisional Secretary Maharashtra, State Board of Secondary and Secondary Education Pune Divisional Board, Pune and respondent No.3 - The Deputy Director of Education, Pune Division, Pune. Learned A.G.P submitted that respondents No.2 and 3 have rightly refused to grant approval on the ground that the appointment was not made through Pavitra Portal. 4.

Learned Counsel for the petitioner referred to the decision of the Coordinate Bench of this Court in case of Kalyansingh Indrasing Raput and others Vs. The State of Maharashtra Through its Principal Secretary and others in Writ Petition No.10205 of 2024 and the connected Writ Petitions to submit that this is an admitted position that the Pavitra Portal was not in operation till June, 2024. In paragraph 3 of the order dated 23rd April, 2025, Co-ordinate Bench of this Court issued directions to the Education Officer and Deputy Director of Education to grant approval for the appointment of the appointees who were declined approval for a similar reason. 5.

In view of the fact that the petitioner was appointed prior to the Pavitra Portal becoming functional, respondent No.3 - The Deputy Director of Education, Pune Division, Pune could not have declined approval to the appointment of the petitioner as "Assistant Teacher" and thus the orders dated 24th March, 2025 and 17th October, 2024 passed by respondent No.2 -

Divisional Secretary Maharashtra, State Board of Secondary and Secondary Education Pune Divisional Board, Pune and respondent No.3 - The Deputy Director of Education, Pune Division, Pune have been rendered vulnerable and accordingly quashed.

6.

This Writ Petition succeeds to the extent that respondent No.3 - Deputy Director of Education shall grant approval to the appointment of the petitioner as "Assistant Teacher" subject to the petitioner fulfilling other conditions. 7.

After granting the approval, Shalarth I.D be provided to the petitioner. Process of approval be completed within a period of eight weeks from today. 8.

The Writ Petition is disposed of in the aforesaid terms. [SHARMILA U. DESHMUKH. J.] [M.S. KARNIK, J.]