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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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