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Bombay High Court

SARIKA SHRINIWAS BARGEversusTHE STATE OF MAHARASHTRA EDUCATION DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the management must submit proposals for the petitioners' appointments to the competent authority within two weeks, and the authority must decide on them within six weeks.

Summary

The petitioners, teachers employed on temporary assistant‑teacher posts by Janta Shikshan Sanstha (a private management), sought a court direction that the management submit proposals to the Education Authorities for their regularisation as Assistant Teachers on aided posts with continuity of service. They alleged that despite selection and repeated requests, the management had not forwarded any proposal and was recruiting for vacant posts through the Pavitra Portal. The respondents, including the State Education Department and the management, appeared before the Court. The Court, after hearing counsel, directed the management to submit the required proposals within two weeks and ordered the competent authority to decide on them within six weeks, leaving all other contentions open. The writ petitions were subsequently disposed of without costs.

Issues considered

  • Whether the management of a private aided school is obligated to submit proposals for conversion of temporary teachers to regular aided posts.
  • Whether the High Court can direct the management and the competent authority to act within specified time‑frames for such appointments.

Legislation cited

Subjects

  • appointment
  • temporary teacher
  • aided post
  • regularisation
  • education
  • Maharashtra
  • writ petition
  • service continuity

Judgment

                                                                     28-WP-14679-2025.DOC



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO.14679 OF 2025

Sarika Shriniwas Barge                               ...Petitioner
       Versus
The State of Maharashtra
Education Dept & Ors                                 ...Respondents

                                WITH
                    WRIT PETITION NO.14758 OF 2025

Nagesh Pandurang Pakhare and Ors                     ...Petitioners
      Versus
The State of Maharashtra
Thru. Secretary & Ors                                ...Respondents

                                WITH
                    WRIT PETITION NO.14775 OF 2025

Lata Gopal Deshmukh and Ors                          ...Petitioners.
      Versus
The State of Maharashtra
Education Department
Through Its Principal Secretary                      ...Respondent
                                     _______

Mr B A Lawate, for Petitioners.
Ms P N Diwan, AGP for Respondent-State.
Mr Subhash Jawale, Secretary of Respondent No. 5, present in Court.
Mr Dilip Bodake, with Shreeniwas Magar, for Respondent No.5.
                                     _______

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

                           DATE:          29th SEPTEMBER 2026

P.C.

1. By these petitions, the Petitioners, who are teachers working in the secondary

    schools and junior colleges run by Respondent No. 5 - Management, seek a


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    direction to the Management to submit proposals to the Education Authorities,

    Respondent Nos. 2 to 4, seeking approval for their appointments as Assistant

    Teachers on aided posts, and for their consequential absorption in the vacant

    aided posts with continuity of service. As the grievance in all three petitions is

    common, they are heard together, and the facts in Writ Petition No. 14679 of

    2025 are referred to for convenience.

2. Respondent No. 5 - Janta Shikshan Sanstha, Dapodi, Pune, runs several aided

    and unaided secondary schools and junior colleges in Pune District, governed

    by the Maharashtra Employees of Private Schools (Conditions of Service)

    Regulation Act, 1977, and the Rules framed thereunder. The Petitioner in Writ

    Petition No. 14679 of 2025 is working as a teacher at Punyashlok Ahilyadevi &

    A. C. Hundekari College, Jejuri, Taluka Purandar, District Pune, run by

    Respondent No. 5. According to the Petitioner, she was selected through a

    selection process and appointed as a temporary Assistant Teacher on a full-time

    basis, on appointment orders issued every academic year afresh, and is paid a

    consolidated honorarium. It is her case that, despite her repeated requests and a

    legal notice issued in April 2025, Respondent No. 5 has not submitted any

    proposal to the Education Authorities seeking approval for her appointment,

    and has instead initiated recruitment to the vacant posts through the Pavitra

    Portal.

3. We have heard learned Counsel for the parties. Mr Subhash Jawale, the

    Secretary of Respondent No. 5 (Management), is present in Court. Mr Bodake,

    learned counsel representing the Respondent No. 5, on instructions from Mr



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                                                                       28-WP-14679-2025.DOC



        Jawale, states that the Management shall submit a proposal in favour of the

        Petitioners to the competent authority, seeking approval for their appointments.

        The statement is accepted.

 4. In view of the above, we permit the Respondent No. 5 - Management to submit

        the proposals in respect of the Petitioners to the competent authority within

        two weeks from today, if not already submitted. On receipt of such proposals,

        the competent authority shall decide the same, in accordance with law, within

        six weeks thereafter. If any proposal has already been submitted, the competent

        authority shall decide the same within six weeks from today.

 5. All contentions of all the parties are left open.

 6. The Writ Petitions are accordingly disposed of. No costs.




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


          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.10.05
          15:35:03
          +0530




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