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Bombay High Court

SHAIKH AAYESHA PARVEEN JAMEEL ALIAS AAYESHA MAHAMAD KASIM SHAIKHversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The impugned order dated 26‑04‑2023 is quashed as the deficiencies were removed and the Government Resolution does not apply to the minority institution.

Summary

The petitioner, Ayesha Parveen, sought the quashing of an order dated 26‑04‑2023 issued by the Education Officer that denied her appointment and salary arrears, and also sought a mandamus directing the Deputy Director of Education to grant her ID and arrears. The Zilla Parishad argued that no posts were vacant under the sanctioned staffing pattern, but the petitioner contended that a retired assistant teacher had been duly replaced by her. The court noted that the deficiencies cited in the impugned order had been removed by the minority institution (Respondent No.4) and communicated to the Education Officer. It further held that a Government Resolution dated 4 May 2020, which imposed a ban, does not apply to minority institutions. Consequently, the order was quashed, the petition for approval was remitted to the Education Officer to consider the corrected proposal within eight weeks, and the writ petition was disposed.

Issues considered

  • Whether the order dated 26‑04‑2023 denying the petitioner’s appointment can be set aside on the ground that the cited deficiencies were remedied.
  • Whether the Government Resolution of 4 May 2020 banning certain appointments is applicable to a minority institution.
  • Whether the petitioner is entitled to appointment, ID, and salary arrears under the corrected staffing proposal.

Subjects

  • minority institution
  • appointment
  • government resolution
  • writ of certiorari
  • writ of mandamus
  • education officer
  • staffing pattern

Judgment

2026:BHC-AUG:12177-DB


                                                        1                        10926.2023WP.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  BENCH AT AURANGABAD.
                           969 WRIT PETITION NO. 10926 OF 2023
                    SHAIKH AAYESHA PARVEEN JAMEEL ALIAS AAYESHA
                               MAHAMAD KASIM SHAIKH
                                      VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
                                    AND OTHERS
                                                  ...
              Advocate for the Petitioner : Mr.Lagad Y.H.
              AGP for Respondent/State : Mr. A.V. Lavte
              Advocate for Respondent nos.4 and 5 : Ms. Ashwini Mate h/f Ms. M.S.
              Mhase
              Advocate for Respondent no.4 : Mr. D.R. Kale
              Advocate for respondent no.3 : Mr. A.D. Aghav
                                            ...
                                  CORAM : NITIN B. SURYAWANSHI AND
                                            VAISHALI PATIL-JADHAV, JJ.
                                  DATED : 18th MARCH, 2026.
              ORDER :

              .           By this petition, the petitioner seeks following reliefs :-


                    "B. By issue of writ of certiorari or order or direction in the
                    like nature, the impugned order dated 26/04/2023 (Exhibit-
                    N) passed by the Respondent No.3 - Education Officer may
                    kindly be quashed and set aside with directions to grant
                    approval in favour of petitioner working since 01/02/2017
                    with respondent no.5 - school.

                    C.    By issue of writ of mandamus or order or direction in
                    the like nature, the respondent no.2 Deputy Director of
                    Education may kindly be directed to grant Shalarth I.D. in
                    favour of petitioner and to see that she will get her arrears
                    and salary."
                                                2                          10926.2023WP.odt


      2.              Zilla Parishad resisted the prayers of the petitioner stating
      that as per sanctioned staffing pattern no posts are vacant. Record
      reveals that in the impugned order five reasons/deficiencies are quoted.
      Respondent no.4 has removed those deficiencies and communicated
      the same to respondent no.3 – Education Officer on 19.05.2023 vide
      Exhibit-E.
      3.              Prima facie, there appears substance in the contention of
      the petitioner that one assistant teacher Aisha Hameed Bhaibagban
      stood retired and in her place the petitioner was appointed by
      following due procedure.
      4.              Admittedly, respondent no.4 is a minority institution.
      Therefore, the ban imposed by the Government, vide Government
      Resolution dated 4th May, 2020, is not applicable to the minority
      institutions.
      5.              In view of the above, the impugned order dated
      26.04.2023 is hereby quashed and set aside. The proposal of the
      petitioner for approval is remitted back to respondent no.3, who shall
      consider it by taking into consideration the proposal forwarded on
      19.05.2023, removing the deficiencies, within a period of eight weeks
      from the date of receipt of this order.
      6.              Writ Petition is disposed of in the above terms.




      (VAISHALI PATIL-JADHAV,J.)                    (NITIN B. SURYAWANSHI,J.)


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