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Bombay High CourtWP/10454/2025disposed off

Sushma Narayan Kumbhar v. The State Of Maharashtra Thru. Secretary And ORS

2026-04-18Hon'Ble Shri Justice Madhav J. Jamdar , Hon'Ble Shri Justice Pravin Sheshrao Patil2 pages

957-WP-10454-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10454 OF 2025 Sushma Narayan Kumbhar

...Petitioner

Versus

The State Of Maharashtra Through Secretary And Ors.

...Respondents

.....

Adv. Prashant Bhavake, for Petitioner.

Mr. Ravi P. Kadam, 'B' Panel Counsel, for the Respondent-State. Mr. Kedar Lad, for Respondent No.5.

.....

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 18th APRIL, 2026.

P.C. :

1.

By this Petition, the Petitioner challenged the order dated 30th June, 2025 passed by the Education Officer, whereby the proposal for individual approval of the Petitioner has been rejected. The principal contention of the Petitioner is that the said order was passed without granting an opportunity of hearing. Hence, same is liable to be quash and set aside.

2.

According to the petitioner, if hearing opportunity would have been granted, the petitioner along with Management could satisfy the ZIP

957-WP-10454-2025 (C).doc Education Officer the deficiencies, which he has pointed out in the impugned order. According to the petitioner and Management, they can satisfy all the deficiencies pointed out in the impugned order. 3.

In the light of the submission made by the petitioner and the fact that the impugned order came to be passed without granting hearing opportunity to the petitioner, we hereby quash and set aside the order dated 30th June 2025.

4.

The proposal of individual approval dated 30th June 2025, forwarded by the Management/School, is hereby restored to the file of the of the Education Officer (Primary), Zilla Parishad, Kolhapur. 5.

The Education Officer (Primary), Zilla Parishad, Kolhapur is hereby directed to decide the proposal dated 30th June 2025 afresh by granting permission to satisfy the deficiencies to the petitioner and all the stakeholders and then by granting hearing opportunity decide the proposal by passing a reasoned order in accordance with law. 6.

The aforesaid exercise shall be completed within a period of two months from the date of this order.

[ PRAVIN S. PATIL, J.] [MADHAV J. JAMDAR, J.] ZIP