Bombay High Court

LAKAPPA SUKHADEV ADGALE AND 2 ORSversusTHE STATE OF MAHARASHTRA THR. THE SECRETARY SCHOOL EDUCATION AND SPORTS AND 4 ORS

Disposal: Disposed Off

Holding

The Education Officer must decide the appointment proposal within eight weeks, notwithstanding the alleged ban.

Summary

The petitioners sought a limited relief directing the Education Officer to decide a proposal for the petitioners' appointment dated 09-10-2025. The Respondent State argued that a ban on appointments existed, rendering any approval impossible. The Court examined whether the ban precluded the Education Officer from considering the proposal and emphasized that the officer must act in accordance with law and the relevant Government Resolution. It held that the proposal could not be left pending and must be decided. Consequently, the Court directed the Education Officer to decide the proposal within eight weeks, and the writ petition was disposed accordingly.

Issues considered

What is the effect of the ban on appointments on the pending proposal for the petitioners' appointment?

Subjects

appointment
ban on appointments
Education Officer
writ petition
Civil Appellate Jurisdiction
government resolution

Judgment

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION
                   CIVIL WRIT PETITION NO. 1367 OF 2026

Shri. Lakappa Sukhadev Adgale and Ors.                           ...Petitioners
          Versus
The State of Maharashtra and Ors.                                ...Respondents

                                    ——————
Miss. Shinaa D. Nawanne i/b Mr. Sushant A. Khatake, Advocate for the
Petitioners.
Mr. V. M. Mali, AGP for the Respondent-State.
                                    ——————
                                     Coram : Sharmila U. Deshmukh &
                                             Neeraj P. Dhote, JJ.
                                      Date      : August 11, 2026.
P. C. :

1.        The petitioner seeks a limited relief to decide the proposal sent for

seeking approval to the petitioner’s appointment on 09.10.2025.

2.        Learned AGP submits that there is a ban on appointment, and

therefore the proposal, even otherwise, cannot be granted approval.

3.        It is open for the Education Oicer to decide the proposal in

accordance with law and the applicable Government Resolution. The proposal

cannot be kept pending without any decision on the same. The Education

Oicer is directed to decide the proposal within a period of eight weeks from

today.

4.        The writ petition is disposed of in the above terms.



 [Neeraj P. Dhote, J.]                             [Sharmila U. Deshmukh, J.]


Sameer                                 1 of 1

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