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Bombay High CourtWP/593/2026allowed

Ku. Shubhangi Sudhakar Mankar v. The Deputy Director Of Education, Nagpur Division, Nagpur And Another

2026-03-12Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande4 pages

2026:BHC-NAG:4247-DB 1 J-WP No.593.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 593 OF 2026 Ku. Shubhangi Sudhakar Mankar, Aged about 45 years, Occ.-Service, R/o. Plot No.51, Adarsha Nagar, Zingabai Takli, Nagpur.

.... PETITIONER // VERSUS // 1) The Deputy Director of Education, Nagpur Division, Nagpur.

2) The Education Officer (Primary), Zilla Parishad, Nagpur.

.... RESPONDENTS ______________________________________________________________ Mr. P. N. Shende, Advocate for the Petitioner. Mrs. H. S. Dhande, Advocate for the Respondent No.1. ______________________________________________________________ CORAM : SMT. M.S. JAWALKAR, AND NANDESH S. DESHPANDE, JJ.

DATE : 12 th MARCH, 2026 .

ORAL JUDGMENT : (Per : SMT. M.S. JAWALKAR, J.) 1.

Heard learned Counsel for the Petitioner and learned Assistant Government Pleader for the Respondent No.1. 2.

RULE. Rule made returnable forthwith. Heard finally with the consent and request of the learned Counsel appearing for the parties.

2 J-WP No.593.2026.odt 3.

A limited relief in this petition is for direction to the Respondent No.1 - Deputy Director of Education, Nagpur Division, Nagpur to include the name of the Petitioner in Shalarth ID and to pay the regular salary of the Petitioner. 4.

It appears that the Petitioner was appointed on 16/07/2019 for a period of three years by adopting due procedure. The services of the Petitioner came to be approved by the Education Officer initially on probation from 17/07/2019 as "Shikshan Sevak" for three years and thereafter from 17/07/2022 until further order as "Assistant Teacher". The Respondent No.2 submitted a proposal to the Respondent No.1 for inclusion the name of the Petitioner in Shalarth ID, in spite of this, the name of the Petitioner is not included in Shalarth ID. The approval is already granted therefore, there is no reason for the Deputy Director of Education i.e. Respondent No.1 not to include the name of Petitioner in Shalarth ID. She has also cleared the TET Examination.

5.

The learned Counsel for the Petitioner relied on the Judgment of this Court in Writ Petition No.920 of 2023 (Anjuman Taraqqi E Urdu, Digras & Ors. Vs. The State of Maharashtra &

3 J-WP No.593.2026.odt Ors.) dated 18/08/2025 along with connected matters, wherein this Court relied on Judgment in Writ Petition No. 3637 of 2024 (Sant Sai Baba Shikshan Sanstha Vs. The State of Maharashtra & Ors.) with one connected matter, wherein this observed as under : "2. In both these Petitions the orders passed by the Respondent No.2 rejecting the inclusion of the names of the Petitioners in Shalarth ID are being questioned. The rejection as is discernible from the order of the Deputy Director of Education is clause 4 of the Government Resolution dated 01.04.2021 (page 61), however, what is material to note is that the Education Officer by his order dated 21.11.2022 in Writ Petition No.3637/2024 (page 41) and 19.07.2022 in Writ Petition No. 3746/2024 (page 27), has already granted approval for transfer of the Petitioners from unaided to aided section of the School run by the same Management.

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.

4. The Petitions are accordingly allowed in the above terms. No costs.

5. Needless to say, that this shall be the position, till such time the order of approval of transfer by the Education Officer of the Petitioners from unaided to aided shall continue to remain in force."

4 J-WP No.593.2026.odt 6.

This issue is already covered by the Judgment referred above and therefore, we are inclined to allow the petition. 7.

Accordingly, the Writ Petition is allowed.

8.

The Respondent No.1 - Deputy Director of Education, Nagpur Division, Nagpur is hereby directed to include the name of the Petitioner in Shalarth ID if there is no other impediment and to pay regular salary to the Petitioner on the basis of 100% grantin-aid, from the date of her initial appointment i.e. 16/07/2019, within a period of six weeks.

9.

Rule is made absolute in the above terms. No order as to costs.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 13/03/2026 17:43:25