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Bombay High CourtWP/599/2026allowed

Gandhi Vidyalaya Shikshan Sanstha, Kondha Kosra, Bhandara Thr. Secy., Ramdas J. Sahare And ORS. v. The Director Of Education (Secondary And High. Secondary), State Of Maha. Pune And ORS.

2026-03-07Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande6 pages

2026:BHC-NAG:3949-DB WP599.26.odt 1/6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 599/2026 1) Gandhi Vidyalaya Shikshan Sanstha, Kondha Kosra, Tahsil Pauni, District Bhandara through its Secretary Shri Ramdas Jagannath Sahare, Aged about 78 years, R/o Santaji Ward, Bhandara.

2) Shri Vaibhav Sudam Khandait, Aged about 28 years, Occupation Junior Clerk, Gandhi Vidyalaya, Virli Khandar, Tahsil & District Bhandara.

3) Ku. Kalyani Giridhari Bilawane, Aged about 30 years, Occupation Junior Clerk, Gandhi Vidyalaya & Junior College, Kondha Kosra, Tahsil Pauni, District Bhandara.

4) Shri Amol Harichand Shende, Aged about 27 years, Occupation Junior Clerk, Gandhi Vidyalaya and Junior College, Sawarla, Tahsil Pauni, District Bhandara.

... PETITIONERS ...VERSUS...

1) The Director of Education (Secondary & Higher Secondary), State of Maharashtra, Pune-1.

2) The Divisional Deputy Director of Education, Nagpur Division, Nagpur.

WP599.26.odt 2/6 3) The Education Officer (Secondary), Zilla Parishad, Bhandara ...RESPONDENTS --------------------------------------------------------------------------------------------- Mr. P. A. Jibhkate, Advocate for the petitioners Ms. D. I. Charlewar, AGP for the respondent /State --------------------------------------------------------------------------------------------- CORAM :

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATED : 07 th MARCH, 2026.

ORAL JUDGMENT (PER :

NANDESH S. DESHPANDE, J.) Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. 2.

The present petition prays for direction to the respondent nos. 1 and 2 i.e. the Director of Education and the Divisional Deputy Director of Education, Nagpur Division to include the names of the petitioner nos. 2 to 4 in the Shalarth Pranali within a stipulated period. It further prays for a direction to the respondent no. 3 to accord onward approval to the appointment of petitioner nos. 2 to 4.

WP599.26.odt 3/6 3.

The facts which are discernible from the petition are as under:- 4.

On 02.04.2025, having found that the appointment of petitioner nos. 2 to 4 was done after following the due procedure in that regard and as per the roster, an approval was accorded to their appointments on probation of 3 years. Thereafter, on 09.04.2025, the respective Headmasters of petitioner nos. 2 to 4 submitted proposal with all necessary documents to include their names in the Shalarth Pranali. However, the said proposal was also forwarded by respondent no. 3 to respondent no. 2. on 08.12.2025, the Secretary of petitioner no. 1, since there was a considerable delay for granting the Shalarth ID, made a detailed representation in which it was specifically pointed out regarding the delay, and request was made to include the names of petitioner nos. 2 to 4 in the Shalarth ID, since their appointments are based upon the order of staff justification for the academic sessions 2022-2023 and 2023-2024. As no action has been taken, the petitioners have approached this Court.

5.

We have heard Mr. P. A. Jibhkate, learned counsel for the

WP599.26.odt 4/6 petitioners as also Ms. D. I. Charlewar, learned AGP for the respondent/State.

6.

It is a matter of record that the approvals are granted to the petitioner nos. 2 to 4 on 02.04.2025 by the Education Officer (Secondary), Zilla Parishad, Bhandara. After perusal of the said approval, it is clear that the said approvals have been granted with effect from 01.08.2022, 06.08.2022, and 08.08.2022 respectively for a further period of three years. It is also a matter of record that the said Education Officer has addressed a communication on 22.05.2025 regarding the inclusion of the names of the petitioner nos. 2 to 4 in the Shalarth ID. The learned AGP makes a statement that the said proposal has been pending before the respondent no. 2 and has not been decided yet.

7.

The learned counsel for the petitioners places reliance on the judgment of this Court in Writ Petition No. 3637 of 2024 along with companion writ petitions in which this Court has held as under in para 3:- "3. Once the approval has been granted by the Education Officer, which is not disputed, is still in force, the Deputy

WP599.26.odt 5/6 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."

8.

In that view of the matter, and in view of the admitted position on record that the approval has been granted, a necessary consequence would follow that the names of the petitioner nos. 2 to 4 would be included in the Shalarth ID. Furthermore, the grievance of the petitioners regarding the onward approval for their appointments also falls for our consideration. 9.

We have perused the letters dated 09.09.2025 and 14.11.2025, where a deficiency has been pointed out for the onward approval of the appointment of the petitioners. The said letters point out that the onward approval cannot be granted in view of the fact that the names of the petitioner nos. 2 to 4 are not included in the Shalarth ID. In that view of the matter, and in view of the judgment referred to supra, we allow the Writ Petition in the

WP599.26.odt 6/6 following terms:-

ORDER

i) The Writ Petition is allowed.

ii) The respondent nos. 1 and 2 are directed to include the names of the petitioner nos. 2 to 4 in the Shalarth Pranali as expeditiously as possible, and not more than four weeks from the date of this order.

iii) It is also directed that the respondent no. 3 to accord onward approval to the appointment of petitioner nos. 2 to 4 pursuant to the proposal of approval submitted by the respective Headmasters of the schools and release all consequential benefits accrued therefrom within two months thereafter.

iv) Needless to mention that the inclusion of the names in the Shalarth Pranali ID and the onward approvals would be looking to the fact that if there are no other impediments in that regard in accordance with law subsisting.

v) The Writ Petition is disposed of as such.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Shubham