Sunita D/O Sahebrao Solanki And Others v. The Education Officer (Secondary), Zilla Parishad, Buldhana And ANR.

1 WP 5483.25 (J).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.

OF 20 PETITIONERS : 1] Sunita D/o Sahebrao Solanki, Aged about 53 years, Occu. Service as Teacher C/o Maharana Pratap Vidhyalaya, Chikhali, Tah. Chikhali, Dist. Buldhana 2] Maharana Pratap Sanstha, Akola Regd. No. F-1432/Akola/1985, through its Secretary.

3] Maharana Pratap Vidhyalaya, Chikhali, Tah. Chikhali, Dist. Buldhana, through its Head Master.

VERSUS

RESPONDENTS : 1] The Education Officer (Secondary), Zilla Parishad, Buldhana, Dist. Buldhana 2] The Deputy Director of Education, Amravati Division, Amravati.

--------------------------------------------------------------------------------------------------- Mr. Ram D. Karode, Advocate for the petitioners Mr. A. V. Palshikar, A.G.P. for respondent nos.1 and 2 --------------------------------------------------------------------------------------------------- CORAM : SMT. M. S. JAWALKAR and M. W. CHANDWANI, JJ.

DATE : NOVEMBER 06, 2025.

ORAL JUDGMENT : (Per M.W.Chandwani, J.) 1.

RULE. Rule made returnable forthwith. By consent of the learned counsels for the parties, the matter is taken up for final

2 WP 5483.25 (J).odt disposal.

2.

Heard Mr. Ram Karode, learned counsel appearing for the petitioner and Mr. A. V. Palshikar, learned Assistant Government Pleader appearing for respondent nos.1 and 2. Perused the record and proceedings.

3.

By this petition, the petitioner challenges the order dated 20.03.2025 passed by respondent no.1 - Education Officer (Secondary), Zilla Parishad, Buldhana, thereby refusing to grant approval to the appointment/promotion of petitioner no.1 on the post of Assistant Teacher.

4.

Petitioner No.1 was working as Laboratory Attendant with petitioner no.3 - School. In wake of Government Resolution dated 11.03.1994 and the qualification of petitioner no.1, she was appointed/promoted to the post of Assistant Teacher with effect from 10.11.2018. Accordingly, a proposal was sent to respondent no.1 - Education Officer for grant of approval to the appointment/ promotion of petitioner no.1. By the impugned order, respondent no.1 refused to grant approval on the ground that the appointment of

3 WP 5483.25 (J).odt petitioner no.1 was not done through Pavitra Portal. 5.

Learned counsel appearing for the petitioners relied on the judgment delivered by a Co-ordinate Bench of this Court sitting at Aurangabad in the case of Kalyansing Indrasing Rajput and others .Vs. State of Maharashtra through its Principal Secretary and others (Writ Petition No. 10205 of 2024 with connected petitions), decided on 23.04.2025 wherein this Court observed that from 2017 until June-2024, Pavitra Portal was not functional. This factual aspect has not been disputed by the learned A.G.P. appearing for the respondents.

6.

In view of the above, we are of the considered opinion that the case of the petitioners is covered by the decision in the case of Kalyansing Indrasing Rajput (supra). After considering the fact that Pavitra Portal was not functional from 2017 until June-2024 and that the rejection of approval was solely on the said ground, the Court directed the authorities to grant approval to the appointment of the petitioners therein.

7.

Therefore, we are inclined to allow the writ petition with

4 WP 5483.25 (J).odt a direction to respondent no.1 - Education Officer (Secondary), Zilla Parishad, Buldhana and respondent no.2 - Deputy Director of Education, Amravati Division, Amravati to grant approvals to the appointment/promotion of petitioner no.1 as Assistant Teacher from the date on which she was appointed as well as to release her monetary benefits, within a period of three months from the date of receipt of copy of this order.

8.

Rule is made absolute in the aforesaid terms. The writ petition is allowed and stands disposed of. No order as to costs. (M.W.CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 10/11/2025 15:06:08