Bahu-Udeshiya Tathagat Audyogik Prashikshan Sanstha, Nagpur Thr. President And ORS. v. State Of Maha., Thr. Secy., School Education And Sports Dept., Mumbai And ORS.
2026:BHC-NAG:844-DB 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1676 OF 2025 Bahu-udeshiya Tathagat Audyogik Prashikshan Sanstha, Nagpur & oths. -Vs.- The State of Maharashtra and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr.Anand Parchure, Adv. for the petitioners.
Mr.N.R.Patil, AGP for the respondents-State.
None for the respondent No.3.
CORAM : SMT. M. S. JAWALKAR & NANDESH S.DESHPANDE, JJ.
DATE : 19TH JANUARY, 2026 P.C.
Heard the learned counsel for the parties. In spite of service, none appears for the respondent No.3. 2.
The petitioners, by this petition, are seeking directions to the respondents to include the names of petitioner Nos.3 to 6 in Shalarth ID and to quash and set aside the impugned orders/communictions dated 12/04/2023, 21/06/2024, 24/01/2025 and 17/02/2025.
3.
It appears that the proposal of the appointment of the petitioner Nos.3 to 6 forwarded for approval to the Education Officer (Primary). In pursuance to that the Education Officer granted approval on 02/07/2019 (Annexure-IV, Pg.-44) and forwarded the proposal for inclusion of names of the petitioner Nos.3 to 6 in Shalarth ID by his letter dated
2/3 10/07/2019 (Pg.-54). The said proposal was returned to the Education Officer for certain compliances. The Education Officer (Primary) after getting the compliances completed again re-submitted the proposal on 07/05/2024 (Pg.-67). However, it appears that it was again returned to the Education Officer (Primary). The reason mentioned in the communication dated 21/06/2024 cannot sustain in the eyes of law as it is not made clear that which defeciences were not complied with. Similar is the contention in the communication dated 24/01/2025.
4.
The learned counsel for the petitioners relied on the judgment in Sant Sai Baba Shikshan Sanstha, Wanadongri, thr.its Secretary, Tah.Hingna, District Nagpur & ors. v. The State of Maharashtra, thr.its Secretary, School Education and Sports Department, Mantralaya, Mumbai & Ors. (Writ Petition No. 3637 of 2024, decided on 26/02/2025) with connected matter, wherein it is held in para-3 as under: "3.
Once the approval has been granted by the Education Officer, which is not disputed, is still in force, the Deputy Director of Education cannot refuse to include the names of the Petitioners in the Shalarth ID for the purpose of disbursing of their salary. In that view of the matter, the impugned orders passed by the Deputy Director of Education are hereby quashed and set aside and it is directed that the names of the Petitioners be included in the Shalarth ID for the purpose of disbursal of their salary and other emoluments."
The learned counsel for the petitioners also placed reliance in Anjuman Taraqqi E Urdu, Digras and ors. v. The State of Maharashtra and ors. (Writ Petition No.920/2025,
3/3 decided on 18/08/2025) along with connected matters, wherein the same observations are made.
5.
From the documents placed on record, it is clear that the Education Officer (Primary) has forwarded the proposal for inclusion of names of the petitioner Nos.3 to 6 in Shalarth ID after due compliance. In view thereof, the respondent No.2-Deputy Director of Education has no authority to reject the same. As such, the impugned communications/orders are liable to be quashed and set aside. Accordingly, the petition is allowed.
6.
The impugned communications/orders dated 12/04/2023 (Annexure-VIII), 21/06/2024 (Annexure-XI), 24/01/2025 (Annexure-XIII) and 17/02/2025 (AnnexureXIV) passed by the respondent Nos.2 and 3 are hereby quashed and set aside.
7.
The respondent No.2-Deputy Director of Education, Nagpur is hereby directed to include the names of petitioner Nos.3 to 6 in Shalarth ID within a period of two weeks. 8.
In view of above, the petition stands disposed of. No costs.
(NANDESH S.DESHPANDE, J) (SMT.M.S.JAWALKAR, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 20/01/2026 11:21:57