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Bombay High Court

SUNIL SURESH HUBALEversusTHE STATE OF MAHARASHTRA THRO. THE SECRETARY SCHOOL EDUCATION AND SPORTS

Disposal
Disposed Off

Holding

The Director's communication cannot be applied retrospectively, and the order rejecting the petitioner's appointment is quashed.

Summary

The petitioner, Sunil Suresh Hubale, was appointed as a teacher on 10 December 2024, but his proposal for approval was rejected by the Education Officer on 23 June 2025 relying on a communication from the Director of Education dated 28 May 2025. The petitioner challenged the rejection, arguing that the Director's communication, which barred fresh appointments until staff justification for the 2024-2025 academic session was completed, could not be applied retrospectively to his earlier appointment. The Court examined the timeline and held that the communication came into existence after the appointment and therefore could not be applied retroactively. Consequently, the Court quashed the Education Officer’s order of rejection and directed the Officer to consider the petitioner's proposal afresh on its merits, without the effect of the Director’s communication. The writ petition was disposed of without costs.

Issues considered

  • Whether the Director of Education's communication dated 28 May 2025 can be applied retrospectively to an appointment made on 10 December 2024.
  • Whether the Education Officer was justified in rejecting the petitioner's proposal for approval based on that communication.
  • Whether the order dated 23 June 2025 rejecting the appointment should be set aside.

Subjects

  • appointment
  • education officer
  • retrospective application
  • administrative law
  • writ petition
  • quashing order
  • staff justification
  • academic session
  • Zilla Parishad

Judgment

                                                        916-WP-10162-2025.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION
                   WRIT PETITION NO.10162 OF 2025
Sunil Suresh Hubale                                       ...Petitioner
        Versus
The State of Maharashtra & Ors.                           ...Respondents
                                ——————
Mr. Prashant Bhavake, for the Petitioner.
Mr. S. B. Kalel, AGP, for the Respondent-State.
Mr. Utkarsh Desai, for Respondent Nos.6 & 7.
                                ——————
                                   Coram: Madhav J. Jamdar &
                                             Pravin S. Patil, JJ.
                                   Date:     March 18, 2026

P.C.:

1.      In the present Writ Petition, the challenge is to the Order of the

Education Oicer (Secondary), Zilla Parishad, Solapur dated 23rd June

2025, solely on the ground that the reliance placed by the Education

Oicer on communication of the Director of Education dated 28th May

2025 while rejecting the proposal, is not applicable to the case of the

Petitioner and, therefore, seeks indulgence of this Court in the matter.

2.      In the present case, it is pointed out by the Petitioner that, after

creation of the vacancy on 26th September 2024, a communication was

made to the Education Oicer for grant of permission to ill up the

post. However, there was no response from the Education Oicer and,

therefore, an advertisement was issued. Then by following due

procedure of law and in pursuance of resolution of management,


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Appointment Order dated 10th December 2024 was issued in favour of

the Petitioner.

3.      After the appointment, the proposal of Petitioner was

forwarded to the Education Oicer for approval on 20th May 2025. The

Education Oicer, in view of communication from the Director of

Education dated 28th May 2025, rejected the proposal. Hence,

Petitioner approached before this Court.

4.      The learned AGP has strongly opposed the Petition. According to

him, the appointment of the Petitioner was made during the academic

session 2024-2025 and, therefore, the communication of Director of

Education dated 28th May 2025 is applicable to the appointment of the

Petitioner.

5.      After hearing both the parties, we have perused the record and

found that the appointment of the Petitioner was made by the

management vide Appointment Order dated 10th December 2024 and

the proposal was forwarded on 20th May 2025. Therefore, the

Management, in any case, was not aware about the communication of

the Director of Education, because the same was not in existence till

the date of the appointment of the Petitioner in the school. The said

communication came into existence on 20th May 2025. Therefore, such

communication cannot be made applicable retrospectively in the

matter.


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6.         The perusal of communication dated 28th May 2025, states that

as the procedure to issue staf justiication of academic session 2024-

2025 is going on, therefore, unless the details of sanctioned post,

surplus post, etc. are not received, till then Educational Authorities

should not grant permission for fresh appointment. However, in the

present case, appointment of Petitioner has already been done on 10th

December 2024. Therefore, on facts also appointment of Petitioner

being made before the instructions issued by Director of Education,

the same is not applicable in the matter. Consequently, impugned

Order does not survive in the matter.

7.         In the present matter, Education Oicer did not touch to the

merits of proposal. According to our considered opinion, the matter is

required to remitted back to Education Oicer to decide the proposal

of approval of Petitioner on its own merits.

8.         Hence, we passed the following Orders.

     i.     The Order of rejecting approval of Petitioner dated 23rd June

            2025 is hereby quashed and set aside.

     ii.    Education Oicer (Secondary), Zilla Parishad, Solapur is directed

            to decide the proposal of Petitioner dated 20th May 2025

            afresh on its own merits without considering the efect of

            communication of Director of Education dated 28th May 2025.




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     iii. It is made clear that we have not expressed our opinion on the

        merits of proposal of approval, hence all the issues are expressly

        kept open except the efect of communication dated 28th May

        2025.


9.      The Writ Petition stands disposed of. No order as to costs.



     [Pravin S. Patil, J.]                    [Madhav J. Jamdar, J.]




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