Bombay High Court
UTTAM PANDURANG BHOYEversusTHE STATE OF MAHARASHTRA THR THE SEC. SCHOOL EDU. AND SPORTS DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the Education Officer to decide the pending appointment approval within four weeks and ordered the Deputy Director to issue the Shalarth ID, thereby disposing of the petition.
Summary
The petitioner, Uttam Pandurang Bhoye, was appointed as a Junior Clerk in Seva Ashram Vidyalay, Murbe, under the Scheduled Tribe reservation on 1 July 2014. The proposal for his individual approval was submitted to the Education Officer (Secondary), Zilla Parishad, Palghar on 13 October 2014 and again on 2 May 2017, but remained undecided. He filed a writ petition seeking a direction to the Education Officer to decide the pending approval and to issue a Shalarth ID upon approval. The Court examined the petition and, without delving into merits, ordered the Education Officer to decide the proposal within four weeks and directed the Deputy Director to issue the Shalarth ID. The petition was disposed of with no costs awarded.
Issues considered
- Whether the Education Officer (Secondary), Zilla Parishad, Palghar is obligated to decide the pending proposal for individual approval of the petitioner's appointment under the Scheduled Tribe reservation.
- Whether the High Court can issue a writ directing the administrative authority to take a specific action in the appointment matter.
Subjects
- reservation
- Scheduled Tribe
- appointment
- Junior Clerk
- writ petition
- administrative law
- Maharashtra
- Education Department
Judgment
401_WP_15864_2025.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15864 OF 2025
Uttam Pandurang Bhoye ...Petitioner
Versus
The State of Maharashtra through the Secretary
School Education & Sports Dept. and Ors. ...Respondents
_______
Mr Shrirang Katneshwarkar a/w Sandeep Gupta i/by Sushant Atmaram Khatake,
for the Petitioner.
Ms P N Diwan, AGP for Respondent - State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 30th SEPTEMBER 2026
P.C.
1. Heard Mr Shrirang Katneshwarkar, learned counsel appearing for the
Petitioner and Ms P N Diwan, learned AGP representing the State.
2. The Petitioner was appointed on the post of Junior Clerk in Seva Ashram
Vidyalay, Murbe (Respondent No.7), run by Seva Ashram Shikshan Sanstha
(Respondent No.6), from the Scheduled Tribe category, by an appointment
order dated 8th August 2014 with effect from 1st July 2014. It is the
Petitioner’s case that the proposal for individual approval of his
appointment was submitted to the Education Officer (Secondary), Zilla
Parishad, Palghar (Respondent No.5), on 13th October 2014 and 2nd May
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401_WP_15864_2025.DOC
2017, and remains undecided.
3. By this Writ Petition, the Petitioner seeks a direction to Respondent No.5 to
decide the proposal for approval of his appointment to the post of Junior
Clerk with effect from 1st July 2014, submitted by Respondent Nos.6 and 7,
and accordingly grant such approval, along with consequential reliefs.
4. Considering the averments made in the Petition and the reliefs sought,
Respondent No. 5 is directed to consider and decide on the proposals for
individual approval of the Petitioner's appointment to the post of Junior
Clerk within four weeks of the date on which this order is communicated to
him. Deputy Director (Respondent No. 4) is also directed to issue the
Petitioner a Shalarth ID after approval.
5. Keeping all the contentions open in that regard, the Writ Petition stands
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
15:07:47
+0530
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