Bombay High Court

SWAPNIL HARIBHAU SAWANEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The impugned orders are quashed as the earlier letter was superseded by the Government Resolution dated 11 August 2026.

Summary

The petitioners challenged a communication dated 22 April 2026 issued by the Deputy Director of Education, Aurangabad, which rejected their proposals for grant approval on the basis of a letter dated 28 May 2025 from the Director of Education. The petitioners submitted a Government Resolution dated 11 August 2026 showing that the 28 May 2025 letter had been superseded and a new procedure for grant approval was prescribed. The Court held that because the earlier letter was no longer operative, the Deputy Director’s rejection could not be sustained. Consequently, the impugned orders were quashed and set aside. The matters were remanded to the appropriate authority to decide afresh in accordance with the 11 August 2026 resolution.

Issues considered

What is the effect of a superseding Government Resolution on an earlier administrative order that relied on a now‑superseded letter?
Whether the Deputy Director of Education could validly reject the grant proposals based on the superseded letter.

Subjects

writ petition
administrative law
supersession
government resolution
education department
grant approval
quashing order
remand

Judgment

2026:BHC-AUG:44339-DB


                                             {1}                    57-wp-12651-2026

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             57 WRIT PETITION NO. 12651 OF 2026

                                    Pratik Pandurang Kashid
                                            VERSUS
                              The State Of Maharashtra And Others

              Mr. Tukaram Maruti Venjane, Advocate for the Petitioners
              Ms. Neha Kamble, AGP for State

                             59 WRIT PETITION NO. 12657 OF 2026

                                   Swapnil Haribhau Sawane
                                            VERSUS
                              The State Of Maharashtra And Others

              Mr. Tukaram Maruti Venjane, Advocate for the Petitioners
              Mr. S.K. Tambe, AGP for State
                                             .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                             ABASAHEB D. SHINDE, JJ.


                                       DATE : 28th SEPTEMBER, 2026
              PER COURT :

              1.   These petitions challenge the communication dated 22.04.2026

              issued by Deputy Director of Education, Aurangabad thereby rejecting

              the proposals for grant approval of the Petitioners, by relying on the

              letter dated 28.05.2025 issued by Director of Education-Respondent

              No. 2.


              2.   Learned Advocate for the Petitioners has placed on record copy

              of Government Resolution dated 11.08.2026 by which the said letter
                                    {2}                  57-wp-12651-2026

dated 28.05.2025 is superseded and a procedure is prescribed for

grant of approval as well as approval to the staffing pattern.


3.       As the letter issued by Respondent No. 2 dated 28.05.2025 is

superseded, the impugned orders cannot be sustained.


4.       In the result, Writ Petitions are allowed.


5.       Impugned orders dated 22.04.2026 passed by Deputy Director of

Education, Aurangabad are quashed and set aside.


6.       The matters are remanded back to Respondent No. 3 for decision

afresh on merits in terms of guidelines given in Government Resolution

dated 11.08.2026.



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




Bhagyawant Punde

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