Kharkar Education Society, Amravati, Thr. President And Another v. State Of Maharashtra, Thr. Secretary, Dept. Of Sports And School Education, Mumbai And Others

2026:BHC-NAG:3860-DB J-wp7585.25.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION No.7585 OF 2025

1. Kharkar Education Society, Amravati, Having Registration No.

MAH. 1537/AM/F.1660, Through its President.

2. Head Master, Shri. Bapuraoji Kharkar Vidyalay, Sukali, Tq. and Dist: Amravati.

: PETITIONERS ...VERSUS...

1. State of Maharashtra, Through its Secretary, Department of Sports and School Education, Mantralay, Mumbai-32.

2. Education Officer (Secondary), Zilla Parishad, Amravati.

3. Gaurav S/o Devidas Karamsidhe, Age 36 years, Occ: Nil, R/o Sukali, Tq. and Dist: Amravati.

Pin. No. 444 601.

: RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. S.S. Shingane, Advocate for Petitioner.

Mr. S.V. Narale, Assistant Government Pleader for Respondent Nos.1 and 2.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ. DATE : 05 th MARCH, 2026.

ORAL JUDGMENT : (Per : NANDESH S. DESHPANDE, J.) 1.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

J-wp7585.25.odt 2/3 2.

Issue notice to the respondents.

3.

Mr. S.V. Narale, learned Assistant Government Pleader waives service of notice on behalf of respondent Nos.1 and 2. 4.

In view of the order being passed, notice to the respondent No.3 is dispensed with.

5.

The facts as emerging from the petition are that the petitioner No.1 is a registered Education Society and running petitioner No.2 School. The petitioner No.2 was earlier running on no-grant-basis and later on grant-in-aid was received. However, Standard 5 to 7 were on 20% grant-in-aid basis. 6.

On 29.12.2012 the respondent No.2 granted approval to the appointment of respondent No.3 on the post of Assistant Teacher and staffing pattern, which was approved showed three posts of Assistant Teachers on unaided basis. Thereafter, on 16.11.2018 respondent No.2 approved staffing pattern for the year 2018-1019 wherein no posts of Assistant Teachers were shown for Standard 5 to 7. On 21.09.2018 the respondent No.3 approached the School Tribunal, Amravati which directed to reinstate the respondent No.3. On 25.10.2023 the petitioner informed the respondent No.3 that he has become surplus and on 26.9.2025 the petitioner sent proposal to the respondent No.2 to absorb the respondent No.3.

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We have heard Mr. S.S. Shingane, learned counsel for the petitioner, who submits that the prayer in the petition is only regarding direction to the respondent No.2 Education Officer (Secondary), Zilla Parishad, Amravati to decide the proposal, submitted by the petitioners, dated 17.9.2025 received by the Office of the Education Officer on 26.9.2025.

8.

We have perused the said proposal sent by the petitioners which is still pending with the respondent No.2. 9.

In that view of the matter, we dispose of the petition by directing the respondent No.2 to decide the proposal dated 17.9.2025 which is received by the respondent No.2 on 26.9.2025 as expeditiously as possible and within six weeks from the date when the petitioner appears before the Authority. 10.

The petitioners are directed to appear before the Authority i.e. respondent No.2 on 13th March, 2026 and comply with the further directions of the Authority. 11.

Needless to mention that the respondent No.2 would give personal hearing, if desired, to the petitioners and all the affected parties, which would also include the respondent No.3. 12.

Petition is disposed of with no order as to costs. (NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 09/03/2026 11:46:28