Bombay High Court
LATA GOPAL DESHMUKH AND ORSversusTHE STATE OF MAHARASHTRA EDUCATION DEPARTMENT THROUGH ITS PRINCIPAL SECRETARY
- 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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28-WP-14679-2025.DOC
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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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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