Bombay High Court
SWATI SUBHASH MEHARKAR AND ANRversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND ANR
- Disposal
- Disposed Off
Holding
The court directed Respondent No.2 to decide the appointment proposal after the petitioners remedy the identified deficiencies, and to do so within six weeks.
Summary
The petitioners sought a court direction compelling Respondent No.2 to decide on a proposal dated 2 February 2022 for appointing Petitioner's first petitioner as a Shikshan Sevak in the Management School. The respondents disclosed that on 27 February 2026 they had communicated certain deficiencies in the proposal, which remained unaddressed. The High Court ordered the petitioners/management to remedy the deficiencies within two weeks of the order. Upon compliance, Respondent No.2 was directed to decide the proposal on its merits, in accordance with law, and to render the decision within six weeks. The petition was disposed with these directions.
Issues considered
- Whether the court can issue a mandatory direction to an administrative authority to decide a pending appointment proposal within a stipulated time
- Whether the petitioners must first comply with the deficiencies identified by the authority before the decision can be made
Subjects
- writ petition
- appointment
- Shikshan Sevak
- administrative direction
- deficiency compliance
- expeditious decision
Judgment
2026:BHC-KOL:8655-DB
27-WP-10502-2025(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10502 OF 2025
Swati Subhash Meharkar And Another ...Petitioners
Versus
The State of Maharashtra and Others ...Respondents
——————
Mr. Sagar Mane, for the Petitioners.
Mr. Ashok M. Misal for Respondent No.2.
Ms. Tejas J. Kapre, AGP for the Respondent-State.
——————
CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
DATE : SEPTEMBER 08, 2026.
P. C. :
1. The Petition was filed seeking a direction to Respondent No.2 to
decide the proposal dated 2 nd February, 2022, seeking approval to the
appointment of Petitioner No.1 as Shikshan Sevak in the Petitioner No.2
Management School. The affidavit-in-reply discloses that on 27th
February, 2026, the Management was communicated the deficiencies,
which have not yet been complied.
2. Let the Petitioner/Management comply with the deficiencies
within a period of two weeks from today.
Jamadar-SL 1 of 2
27-WP-10502-2025(C).doc
3. After the deficiencies are complied with, the Respondent No.2 to
decide the proposal on its own merits and in accordance with law,
expeditiously, and in any event within a period of six weeks after the
compliance of the deficiencies by the Petitioner/Management.
4. The Petition is disposed of in the above terms.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
Jamadar-SL 2 of 2
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