Bombay High Court

VIVEKANAND SHIKSHAN SANSTHA SAMARTH NAGAR THR ITS PRESIDENT AND ANOTHERversusTHE STATE OF MAHARASHTRA THE ITS SECRETARY AND ANR

Disposal: DISPOSED OFF

Holding

The Court allowed the writ petition and ordered the State to grant the promotion approval within three months.

Summary

The petition was filed by Vivekanand Shikshan Sanstha Samarth Nagar, represented by its President, seeking the State of Maharashtra's approval for the promotion of its second petitioner to the post of Assistant Teacher/Lecturer at Vivekanand Junior College, Samarth Nagar, Chhatrapati Sambhajinagar. The petitioners argued that the State was obligated to grant the promotion under applicable service rules. The Court observed that the matter had already been decided in Writ Petition No.10127 of 2026, which addressed the same legal question. Relying on that precedent, the Court held that the petition should be allowed as per the prayer clauses B and C. Consequently, the State was directed to issue the promotion approval within three months of receiving the order.

Issues considered

Whether the State of Maharashtra is required to grant approval for the promotion of the petitioner as Assistant Teacher/Lecturer in the college.

Subjects

promotion
appointment
state approval
education
writ petition
service rules

Judgment

2026:BHC-AUG:42971-DB
                                                     1                        60.doc



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                           60 WRIT PETITION NO. 12220 OF 2026

           VIVEKANAND SHIKSHAN SANSTHA SAMARTH NAGAR THROUGH ITS
                            PRESIDENT AND ANOTHER
                                    VERSUS
           THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANR
                                              ...
                    Advocate for the Petitioner : Mr. Shinde Chandrakant K.
                        AGP for Respondent/State : Ms.Neha B. Kamble
                                                …
                                            CORAM        : NITIN B. SURYAWANSHI AND
                                                           ABASAHEB D. SHINDE, JJ.
                                              DATE       : 21.09.2026

               PER COURT :
               .         The issue raised in this petition is squarely covered by the
               decision of this Court in Writ Petition No.10127 of 2026.

               2.      For the reasons stated in the said order, we, pass the following
               order :

                                                    ORDER
                      i) Writ Petition is allowed in terms of prayer clauses ‘B’ and
                      ‘C’.
                      ii) Respondent No.2 shall undertake the exercise of granting
                      approval to the promotion of the petitioner No.2 as an
                      Assistant Teacher/Lecturer in Vivekanand Junior College,
                      Samarth Nagar, Chhatrapati Sambhajinagar within a period
                      three (03) months from the date of receipt of copy of this
                      order.



               ( ABASAHEB D. SHINDE, J. )                   ( NITIN B. SURYAWANSHI, J. )
   vsj..

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