Bombay High Court
HRISHAMALI HRISHIKESH KOLEKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Disposed Off
Holding
The order rejecting the petitioners' appointment is quashed because the communication on which it was based has been superseded by a later Government Resolution.
Summary
The petitioners challenged a High Court order dated 25 November 2025 that temporarily rejected their appointment as junior clerks based on a communication dated 28 May 2025. The court noted that the communication had been superseded by a Government Resolution issued on 11 August 2026. Since the basis of the impugned order no longer existed, the court quashed the order. The matter was remitted to the Education Officer for fresh consideration in light of the new resolution. The court directed that the decision be taken expeditiously, within four weeks, and disposed of the petition.
Issues considered
- What is the effect of a superseding Government Resolution on an earlier administrative communication that formed the basis of a rejection of appointment?
- Whether the High Court should set aside the order rejecting the petitioners' appointment in view of the supersession?
Subjects
- appointment
- government resolution
- supersession
- writ petition
- quashing order
- administrative law
Judgment
2026:BHC-KOL:8599-DB
29-WP-13197-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13197 OF 2025
Hrishamali Hrishikesh Kolekar And Others ...Petitioners
Versus
The State Of Maharashtra And Others ...Respondents
——————
Mr. Prathamesh Magadum i/b Mr. Chetan Patil, for the Petitioner.
Mr. A.P.Vanarase, AGP for the Respondent-State.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : SEPTEMBER 04, 2026
P. C. :
1. The Petition challenges the order dated 25 th November, 2025, by
which the Petitioner’s proposal for appointment was rejected by reason
of communication dated 28th May, 2025.
2. Perusal of the impugned order would indicate that the
Petitioner’s approval as junior clerk was temporarily rejected, till further
orders are obtained, in view of the communication dated 28 th May, 2025.
The said communication dated 28th May, 2025 has now been superseded
by the Government Resolution (“GR”) dated 11th August, 2026. As the
communication now stands superseded by the subsequent GR, the
impugned order dated 25th November, 2025 is quashed and set aside.
Arya Chavan 1 of 2
29-WP-13197-2025.doc
The proposal is remitted to the file of the Education Officer to be
decided afresh in light of the GR dated 11th August, 2026. The proposal
to be decided expeditiously, and in any event, within a period of four
weeks from today.
3. The Petition is disposed of in the above terms.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
Arya Chavan 2 of 2
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