Bombay High Court

JANTA SHIKSHAN SANSTHA DAPODI THROUGH ITS GENERAL SECRETARY SUBHASH BUWASAHEB JAWALEversusTHE EDUCATION OFFICER SECONDARY

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The Court held that the petitioner is not entitled to participate in Phase 1 of the Pavitra Portal recruitment and must await participation in Phase 2, as the portal closure was valid and the 1 July 2026 resolution does not apply.

Summary

The petitioner, a private aided secondary school trust, sought a court order to reopen the Pavitra Portal or obtain a special window to publish an advertisement for Phase 1 recruitment of 20 teachers after the portal was closed on 20 July 2026 following a complaint by its treasurer. The Education Officer had approved the petitioner’s roster and advertisement proposal on 9 July 2026, but the portal status showed the advertisement as ‘Not Entered’ without any notice or hearing. The petitioner argued that the Government Resolution dated 1 July 2026, which the State relied upon to block the advertisement, was inapplicable because the dispute was not pending for a year, and that the 2019 and 30 March 2026 resolutions mandated strict timelines for teacher appointments. The State contended that Phase 1 recruitment had already progressed and that the petitioner could only join Phase 2, commencing 21 October 2026. The Court held that the petitioner could not be permitted to participate in Phase 1 and must await Phase 2, dismissing the petition and refusing to alter the portal status.

Issues considered

Whether the petitioner is entitled to have the Pavitra Portal reopened or be allowed to publish the Phase 1 advertisement despite its closure.
Whether Government Resolution dated 1 July 2026 applies to the petitioner’s case.
Whether the State must permit the petitioner to participate in Phase 1 or only in Phase 2 of the recruitment process.
Whether the petitioner is entitled to correction of its status (roster and advertisement) on the Pavitra Portal.
Whether the two‑phase recruitment scheme is a valid policy under the applicable Government Resolutions.

Legislation cited

Societies Registration Act, 1860

Subjects

Pavitra Portal
teacher recruitment
private aided school
government resolution
Phase 1
Phase 2
administrative law
procedural fairness
education law

Judgment

9-wp-10410-2026.doc

jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10410 OF 2026
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
Janta Shikshan Sanstha, Dapodi Thru. Its ...Petitioner
SHANKAR NIJASURE
NIJASURE Date:
2026.09.28
General Secretary, Shri Subhash Bhwasaheb
13:51:50
+0530
Jawale

Versus

The Education Officer (Secondary) & Ors. ...Respondents
----------
Mr. Anil Anturkar, Senior Counsel with Ms. Kashish Chelani for the
Petitioner.
Mr. O.A. Chandurkar, Addl. G.P. with Ms. Priyanka B. Chavan, AGP
for the State.
----------

CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 22ND SEPTEMBER, 2026.
O R D E R:

1. By this Writ Petition, the Petitioner has sought a direction

to Respondent Nos.1 to 5 to reopen the Pavitra Portal or provide the

Petitioner with a special window/extension, notwithstanding its

closure on 20th July 2026, and permit the Petitioner for publication

of the advertisement on the Pavitra Portal process Phase 1 and

completion of recruitment to 20 teaching posts in the Petitioner’s

Secondary School. Further consequential directions have also been

sought.

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2. The Petitioner is a public Trust duly registered on 3rd

December 1954 under the Societies Registration Act, 1860. The

Petitioner is running a Secondary and Higher Secondary School

which is a Private Aided Educational Institution. The Petitioner has

sought to fill up 20 vacant posts of Secondary School Teachers

through the mandatory Pavitra Portal Phase 1 recruitment process in

accordance with Government Resolutions dated 7th February 2019

and 30th March 2026.

3. The Petitioner had submitted a written representation to

the Education Officer, Zilla Parishad, Pune on 27th May 2026 and 4th

June 2026 seeking permission to issue an advertisement through the

Pavitra Portal for filling such teaching vacancies.

4. A complaint was lodged by the Treasurer of the

Petitioner’s Educational Institution on 17th June 2026 questioning

the recruitment process and alleging misleading information on the

Portal. It is the Petitioner's case that the complaint concerned internal

issues and had no lawful connection with the statutory requirement

to fill teaching vacancies. The Petitioner submitted a detailed

clarification to the Education Officer and the Directorate of Education

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on 30th June 2026.

5. The Education Officer disposed of the complaints made

by the Treasurer of the Petitioner’s Institution on 6th July 2026 and

10th July 2026.

6. It is the Petitioner's case that the Education Officer

approved the Petitioner's reservation roster and advertisement

proposal for recruitment to 20 teaching posts through the Pavitra

Portal on 9th July 2026. The approval confirmed that the proposal

had reached the stage for advertisement and further recruitment

action.

7. A status list was published on Pavitra Portal on 21st July

2026 reflecting the Petitioner's Institution at Sr. No. 418 showing

roster status as “Entry Level” and the subject advertisement status as

“Not Entered”, despite the approval dated 9th July 2026.

The Petitioner claims that no reasons, notice, deficiency memo, or

opportunity of hearing was provided, thereby preventing the

Petitioner from issuing the advertisement and proceeding with

recruitment through Pavitra Portal, Phase 1.

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8. The Petitioner submitted a further representation to the

authorities on 7th August 2026 pointing out that all procedural

requirements have been fulfilled, complaints had been disposed of,

and the prolonged vacancies were causing serious academic loss to

the students.

9. The recruitment process having commenced and

candidates selecting their preferences in post-wise order, following

which the subsequent stages of recruitment would be completed.

The Petitioner being aggrieved by the action of the Respondent State

in not allowing the Petitioner to publish the advertisement forthwith,

which would result in non-availability of teachers during the current

Academic Year and consequential prejudice to the students, filed the

present Petition.

10. Mr. Anturkar, learned Senior Counsel appearing for the

Petitioner has taken this Court through the Government Resolution

dated 7th February 2019, which had concerned local body Schools as

well as the private management Schools, and laid down timelines for

the appointment of teachers through Pavitra Portal System.

He has in this context, referred to Clauses 5.2, 5.3, 5.7, and 5.9 of the

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said Government Resolution. He has submitted that private

management Schools have been treated differently from the Schools

run by local bodies such as Zilla Parishad, etc. He has further

submitted that under Clause 5.2 the Educational Institution is

required to submit a proposal for the recruitment of teachers and

seek permission of the Education Officer (Primary/Secondary) along

with the Administrative Officer of the Municipal Corporation/Council

or the Divisional Deputy Director of Education, as the case may be,

for the advertisement prior to the recruitment process. Thereafter

under Clause 5.3 each Educational Institution will be required to

upload information which the Competent Authorities would verify in

order to confirm that the details in the advertisement are in

accordance with Clause 5.2 of the Government Resolution. A time

frame of 7 working days has been given for the Competent

Authorities to take action on the proposal, and upon failure to do so,

the current status of the matter would be reflected on the concerned

Director of Education's login, who will then instruct the Competent

Authority to take action within 3 working days based on the

information received. Where the Competent Authorities failed to take

a decision on allowing the proposal for advertisement permission

within the prescribed time frame, the Directorate of Education

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(Primary/Secondary and Higher Secondary) shall instruct the

concerned Officers’ Supervisors to make a note in the officer's

confidential report.

11. Mr. Anturkar has further submitted that under Clause

5.5, it is provided that after approval by the Competent Authority, the

advertisement will be displayed on the Pavitra Portal as per the

demand of the Organization. It will be visible on the login of the

Organization and also the representative of the Organization will

receive a message through SMS. The advertisement is to be displayed

on the website www.edustaff.maharashtra.gov. Further, within 3

working days of the advertisement being displayed on the website,

the concerned Educational Institution shall publish the advertisement

in two local newspapers of high circulation (at least one of which

shall be in Marathi language).

12. Mr. Anturkar has submitted that under Clause 5.7 of the

Government Resolution it is provided that interested and qualified

candidates shall apply online on the Pavitra Portal within 7 days from

the date of publication of advertisement with their qualifying marks

in the Aptitude and Intelligence Test. Candidates may give priority in

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the application by considering the category and subject.

13. Mr. Anturkar has submitted that clause 5.9 of the said

Government Resolution is in the context of the private management

Schools, and which provides that for these Schools, if available, for

each vacant seat, the Director of Education will make available the

selection list of the candidates with the highest marks in the ratio

1:10 with parallel reservation, as per priority order, merit list,

medium, category, subject, and point list of the candidates on the

management will interview the candidates from the selection list

available for interview on their login, and check their teaching skills,

and on that basis, select the candidate with the highest marks for the

vacant post. There will be a total of 30 marks for interview and

teaching skills. It is further provided that the concerned Educational

Institutions will publish the mark sheets and results of the candidates

on the Pavitra system through the interview and teaching skills.

Along with this, the candidates who appeared for the interview will

also be informed of their results personally. The concerned

Educational Institution will appoint the candidate who ranks first as

per the mark sheet within 7 working days.

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14. Mr. Anturkar has accordingly submitted that by the said

Government Resolution dated 7th February 2019, strict timelines

have been set out for appointment of teachers on vacant seats of

private management Schools. He has submitted that the subsequent

Government Resolution dated 30th March 2026, had been issued

pursuant to the judgment passed by this Court in Writ Petition Nos.

6949 of 2025, 6950 of 2025, and 10116/2025, whereby this Court

had dismissed the Petitions by giving directions to the State

Government to make the recruitment of teachers through Pavitra

Portal more efficient and effective. Under Clause 5 of this

Government Resolution, all Educational Institutions shall take note

that no appointments will be made at the Institution level under any

circumstances without the Pavitra Portal, and if such appointments

are made, they will not be approved under any circumstances and

appropriate action will be taken against the Institution.

15. Mr. Anturkar has submitted that the Petitioner's

Institution’s roster and point-wise reservation list was approved on

4th March 2026. The Petitioner had initially submitted a proposal in

respect of 36 sanctioned posts, which came to be rejected. Thereafter,

the Petitioner submitted a revised proposal for 27 posts, which was

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approved, with a noting that 7 posts pertain to Higher education,

which were to be reduced. Out of the approved posts, the Petitioner

seeks to fill 20 vacant posts of Secondary School teachers.

16. Mr. Anturkar has submitted that the Petitioner had made

representations to the Education Officer for approval and processing

of the 20 posts. However, despite the approved roster and repeated

representations, the Petitioner's proposal had not been processed on

the Pavitra Portal.

17. Mr. Anturkar has submitted that the reason for non-

processing on the Pavitra Portal was a complaint made by Ms. Kavita

Gore, the Treasurer of the Petitioner’s Institution and which

complaint had thereafter been disposed of. He has submitted that the

Respondent - State had solely placed reliance on Government

Resolution dated 1st July 2026 and which reliance is admittedly

erroneous as can be seen from the Affidavit in Reply filed by the

Respondent – State. This is pursuant to Order dated 17th August

2026 where this Court directed the Respondent - State to clarify

whether the GR dated 1st July 2026 is applicable to the Petitioner's

case. Further, the Respondent - State was to clarify whether in the

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event the GR dated 1st July 2026 is not applicable in the Petitioner's

case, the Petitioner can take part in the first Phase of the recruitment

of teacher cadre through Pavitra Portal, which had closed on 16th

August 2026. The Respondent - State has stated in the said Affidavit

in Reply that the Government Resolution dated 1st July 2026 is not

applicable to the facts and circumstances of the present case. The

said Government Resolution is in the context of disputes in the

management of the Educational Institution which are before the

Charity Commissioner for a period of more than one year. The

Petitioner’s Institution does not satisfy this condition prescribed

under the said Government Resolution. However, in the context of

the Petitioner being permitted to participate in Phase 1 of Pavitra

Portal recruitment process, the Respondent - State has taken the

stand that they cannot be permitted to do so.

18. Mr. Anturkar has also raised the contention that in view

of the Government Resolution dated 7th February 2019 providing

strict timelines for the Respondent - State to grant approval to the

appointment of teachers and in the Petitioner's case, Secondary

School teachers through Pavitra Portal, Phase 1 or Phase 2 in such

recruitment process has no application. He has submitted that also in

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the SoP of the Respondent - State which had been annexed to the

Government Resolution dated 30th March 2026, there is no mention

of there being two Phases for recruitment of the teachers. He has

submitted that given the fact that there is no Government Resolution

to that effect, this cannot be considered as a policy of the State and

that the State is required to take action on recruitment of teachers as

and when required by the Educational Institutions, given that this is

in the interest of the students of that Institution.

19. The learned AGP appearing for the Respondent - State

has submitted that it was at all points of time brought to the

Petitioner's notice that the recruitment of School teachers will be

done in two Phases. Phase 1 was well under progress, when the

present Petition had been filed. She has also referred to the

Government Resolution dated 30th March 2026, and in particular

where it is mentioned that the Standard Operating Procedure (SOP)

for teacher recruitment is fixed as per Annexure-A attached to the

Government Resolution and that as per the said Annexure, there was

a detailed procedure for recruitment of teachers to the Educational

Institutions and which could only be completed in a Phase-wise

manner as contemplated by the State.

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20. The learned AGP has further submitted that though the

Respondent-State has in their Affidavit-in-Reply stated that the

Government Resolution dated 1st July 2026 is not applicable to the

facts and circumstances of the present case as the dispute relating to

the management of the Petitioner’s Institution is not pending for a

period of more than one year, it is too late in the day to permit the

Petitioner to participate in Phase 1 of Pavitra Portal, particularly in

view of the candidates or teachers who had applied for the seats in

the Educational Institutions having locked their preferences by 16th

August 2026.

21. The learned AGP has further submitted that Phase 1 of

Pavitra Portal recruitment process has substantially progressed and

Phase 2 is as per instructions, commencing from 21st October 2026

and the procedure of recruitment of teachers will be concluded by

20th January 2027. She has accordingly submitted that the Petitioner

may be permitted to participate in Phase 2 in so far as the

recruitment of teachers are concerned.

22. Having considered the submissions, though Mr. Anturkar

has raised the issue of Phase 1 and Phase 2 of the Pavitra Portal for

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recruitment process of teachers not being included in any

Government Resolution and thus not being the policy of the State, we

are not inclined to go into this issue in the circumstances of the

present case and leave it open to be addressed in an appropriate

proceeding.

23. The Petitioner has filed the present Petition on 8th

August 2026, when Phase 1 of the Pavitra Portal process had

substantially progressed. The Petitioner has challenged the action of

the Respondent - State by which the Petitioner was not permitted to

take part in Pavitra Portal process Phase 1 by publishing the

advertisement so as to complete the recruitment process of filling 20

vacant teaching posts in its Secondary School. The closure of the

Pavitra Portal was with effect from 20th July 2026. This was on

account of a complaint having been made by the Treasurer of the

Petitioner’s Institution. The Respondent - State had taken such action

on the premise that the Government Resolution dated 1st July 2026

is applicable to the Petitioner's case. Thereafter, the Respondent -

State has by its Affidavit-in-Reply admitted that the Government

Resolution dated 1st July 2026 had been erroneously applied to the

Petitioner's case as the dispute in the management of the Petitioner’s

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Institution was not pending for a period of more than one year as

contemplated under the Government Resolution dated 1st July

2026.

24. The Respondent - State in their Affidavit-in-Reply to the

Petition has further stated that the Petitioner's participation in Phase

1 of the Pavitra Portal recruitment process is not permissible, in view

of the recruitment process having substantially progressed and

candidates locking their preferences by 16th August 2026.

25. The draft advertisement as well as roster for filling 20

vacant posts of teachers in the Petitioner’s Institution/Secondary

School had been approved. Although, the Petitioner's name had been

reflected at Sr. No. 418 in the status report published on 21st July

2026, the status in so far as its roster and draft advertisement

showed the remark "Entry Level" and "Not Entered" respectively. The

impugned action as aforesaid was taken by the Respondent – State

pursuant to the complaint made by the Treasurer of the Petitioner’s

Institution by placing reliance upon Government Resolution dated 1st

July 2026. The Respondent - State having clarified the said

Government Resolution is not applicable to the Petitioner's case, we

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are of the view that the Petitioner is not required to once again issue

draft advertisement and roster for approval of the Respondent -

State. The Petitioner shall from the stage it was in Phase 1,

participate in Phase 2 of the Pavitra Portal recruitment process which,

as per instructions received by the learned AGP, is commencing from

21st October 2026. We have been informed that the recruitment

process will be concluded by 20th January 2027.

26. Accordingly, we do not grant the prayer sought for in the

Petition to permit the Petitioner to participate in Phase 1 by

reopening Pavitra Portal for publication of advertisement for

recruitment to 20 teaching posts in its Secondary School.

27. Further, the consequential prayer of correcting the

Petitioner's status as shown in the list published on Pavitra Portal

(roster and subject advertisement status report) wherein it is

reflected as roster approval at "Entry Level" and subject

advertisement status as "Not Entered" cannot be granted.

28. We accordingly dismiss the present Petition in the

aforesaid terms. There shall be no order as to costs.

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29. We once again clarify that the issue of the two Phases not

being part of any Government Resolution and/or the policy of the

State, as raised by the Petitioner, is expressly kept open to be

addressed in an appropriate proceeding.

[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]

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