Bombay High Court
LOKMANYA SHIKSHAN PRASARAK MANDAL THROUGH ITS PRESIDENT / SECRETARY AND ORSversusTHE STATE OF MAHARASHTRA THR THE PRIN. SEC. SCHOOL EDU. AND SPORTS DEPT. AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the Education Officer to consider and decide the appointment proposal within four weeks, after hearing all parties.
Summary
The petitioners, Lokmanya Shikshan Prasarak Mandal and others, filed a writ petition seeking a direction to the Education Officer to consider and decide a proposal dated 24 June 2016 for the appointment of a Teacher (Commerce) in their junior college. The teacher had been appointed on 17 June 2017 and the appointment was approved by the trust's Executive Board. The petition argued that the Education Officer had not acted on the proposal. The Court directed the Education Officer to consider and decide the proposal within four weeks, after providing a hearing to all concerned parties. The petition was thereafter disposed, keeping all contentions open.
Issues considered
- What direction, if any, can the High Court issue to compel the Education Officer to consider and decide a pending appointment proposal under the applicable education statutes?
Subjects
- appointment
- teacher
- education officer
- writ petition
- junior college
- Maharashtra
- education trust
- direction
Judgment
911_WP_11208_2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11208 OF 2026
Lokmanya Shikshan Prasarak Mandal
thr President/Secretary & Ors. ...Petitioners
Versus
The State of Maharashtra
thr. the Prin. Sec. School Edu. and Sports Dept. & Anr. ...Respondents
_______
Ms. Sanika R. Said i/b Mr. Vinod P Sangvikar, for Petitioners.
Ms. Devyani S. Deshmukh for Respondents-State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 02nd SEPTEMBER 2026
P.C.
1. Heard Ms. Sanika Said, learned Advocate for the Petitioners and Mr. Aditya
Deolekar, learned AGP for the Respondents.
2. By this petition, the Petitioners seek a direction to Respondent No.2-
Education Officer to consider and decide proposal dated 24 th June 2016 submitted
by Petitioner No.2-Junior College, seeking approval of Petitioner No. 3’s
appointment as Teacher (Commerce), in accordance with law.
3. Petitioner No.3 was appointed as Teacher (Commerce) in Petitioner No.2-
Junior College w.e.f. 17th June 2017. Her appointment was duly approved by the
Executive Board of Petitioner No.1-registered Education Trust, by passing a
resolution. Thereafter, the Petitioner No.2- Junior College submitted a proposal
dated 24th June 2016 to Respondent No.2-Education Officer, seeking approval of
Petitioner No. 3’s appointment.
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911_WP_11208_2026.DOC
4. Considering the averments made in the petition and the reliefs sought, we
direct Respondent No.2-Education Officer to consider and decide the proposal
dated 24th June 2016 submitted by Petitioner No.2-Junior College within a period
of 4 weeks from today, after giving an opportunity of hearing to all the concerned
parties.
5. Keeping all the contentions open in that regard, the Writ Petition stands
disposed of.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
Digitally
signed by
AJIT
AJIT RAMESH
RAMESH PATHRIKAR
PATHRIKAR Date:
2026.09.03
15:29:34
+0530
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