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Bombay High Court

ASSUMPTION CELESTINE DSOUZAversusTHE STATE OF MAHARASHTRA THROU. ITS PRINCIPAL SEC. DEPT OF EDUCATION AND ORS

Decided
Disposal
Disposed Off

Holding

The Court issued a mandamus directing the Education Officer to decide the petitioner's appointment proposal within four weeks.

Summary

Assumption Celestine Dsouza filed a writ petition seeking a mandamus directing the Education Officer (Secondary) of Zilla Parishad, Pune to decide her 18‑August‑2022 proposal for appointment as Lab Assistant (Shikshan Sevak) at St. Jude High School. The Court examined whether the officer’s inaction warranted judicial intervention and whether a time‑bound order could be issued without prejudice to other respondents. Finding no substantive prejudice and noting the interest of justice, the Court ordered the officer to decide the proposal within four weeks and scheduled a hearing on 7 October 2026. The order also left open any further contentions of Respondents 4 and 5. The petition was disposed of without costs.

Issues considered

  • Whether a writ of mandamus can be issued directing the Education Officer to decide the appointment proposal within a specified time‑frame
  • Whether the delay in deciding the proposal violates any statutory duty or principles of natural justice

Subjects

  • Writ of Mandamus
  • Appointment
  • Lab Assistant
  • Shikshan Sevak
  • Education Officer
  • Administrative Law
  • Delay
  • Public Service

Judgment

                                                                       408- WP-12341-2026.DOC



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 12341 OF 2026


Assumption Celestine Dsouza                                                ...Petitioner
      Versus
The State of Maharashtra
Throu. Its Principal Sec. Dept
of Education and Ors                                                       ...Respondents
                                         _______

None for Petitioner.
Mr A R Deolekar, AGP for Respondents-State.
                                         _______

                                      CORAM:         G. S. KULKARNI &
                                                     DR. NEELA GOKHALE, JJ.

                                      DATE:          23 SEPTEMBER 2026

P.C.

1.        None for the Petitioner although circulated on this special list.


2.        The only prayer in the Writ Petition, is required to be noted, which reads

thus:-

               “(a) That this Hon'ble Court be pleased to issue a writ of Mandamus
               or any other appropriate writ, order or direction directing Respondent
               No.3 Education Officer (Secondary), Zilla Parishad, Pune to decide
               the proposal dated 18/08/2022 for personal approval of the Petitioner
               as Lab Assistant (Shikshan Sevak) in St. Jude High School, Dehuroad,
               Pune, in time bound manner within 4 weeks from the date of the
               order of this Hon'ble Court;”

3.        We accordingly direct Respondent No. 3-Education Officer (Secondary),

Zilla Parishad, Pune to decide the proposal of the Petitioner dated 18.8.2022 for

approval to his appointment as ‘Lab Assistant (Shikshan Sevak)’ with Respondent


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                                                                     408- WP-12341-2026.DOC



No.5- St. Jude High School, Dehu Road, Pune as expeditiously as possible and in

any event, within a period of four weeks from today.


4.            Let the Petitioner appear before Respondent No.3 on 7 th October 2026 at

2.30 p.m. and thereafter, Respondent No.3 shall proceed to hear the parties and

decide the proposal in accordance with law.


5.            Although considering the interest of justice, we are inclined to pass the

aforesaid order, as clearly, the aforesaid order would not prejudice the rights and

contentions of Respondent Nos.4 and 5. All contentions in that regard are

expressly kept open.


6.            Disposed of. No costs.




(DR. NEELA GOKHALE, J.)                                    (G. S. KULKARNI, J.)


          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.24
          11:26:34
          +0530




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