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Bombay High Court

SMT. MANISHA ISHWARA PATILversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY, AND SPORTS DEPT. AND ORS

Disposal
Disposed Off

Holding

The order rejecting the proposal is quashed as it contravened natural justice by denying a hearing, and the petitioner must be permitted to comply with the deficiencies before a fresh decision is made.

Summary

The petitioner, Smt. Manisha Ishwara Patil, challenged the rejection of her proposal by the Deputy Director of Education, arguing that she was not given a chance to address the eight deficiencies cited in the order dated 22 June 2023. The court examined whether the rejection violated the principles of natural justice by denying a hearing. It held that the order was procedurally defective and therefore quashed it, directing the management to submit the required documents and explanations within two weeks. The Deputy Director of Education was instructed to reconsider the proposal after a proper hearing. If approved, the respondent must enroll the petitioner in the Shalarth Pranali, allocate an ID within four weeks, and release her salary within three weeks. The petition was disposed accordingly.

Issues considered

  • Whether the rejection of the petitioner's proposal without an opportunity of hearing violates the principles of natural justice
  • Whether the impugned order can be set aside and the petitioner be allowed to remedy the identified deficiencies

Subjects

  • natural justice
  • procedural fairness
  • opportunity of hearing
  • administrative law
  • proposal rejection
  • compliance of deficiencies
  • Shalarth Pranali

Judgment

2026:BHC-KOL:5084-DB

                                                                      36-WP-15931-2023(C).doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                     CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 15931 OF 2023

               Smt. Manisha Ishwara Patil                                ...Petitioner
                         Versus
               The State of Maharashtra and Others                       ...Respondents

                                             ——————
               Mr. Prashant Bhavake, for the Petitioner.
               Mr. R.P. Kadam, ‘B’ Panel Counsel for the Respondent-State.
                                             ——————

                                               CORAM :        SHARMILA U. DESHMUKH &
                                                              NEERAJ P. DHOTE, JJ.

                                               DATE        : AUGUST 27, 2026.

               P. C. :

               1.        The limited grievance in the present petition is that without

               giving an opportunity of hearing to the Petitioner and the management

               to comply with the deficiencies set out in the order of rejection dated

               22nd June, 2023, the Petitioner's proposal seeking approval has been

               rejected.

               2.        Mr. Bhavake would submit that the principles of natural justice

               have not been complied with and that in the event an opportunity is

               given to comply with the deficiency, appropriate documents and

               explanation would be tendered to the Deputy Director of Education.



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                                                    36-WP-15931-2023(C).doc


3.     A perusal of the impugned order dated 22nd June, 2023 would

indicate that by listing about 8 deficiencies and on the basis of the

Government Resolution dated 2nd May, 2012, which imposed a ban on

recruitment, the Petitioner's proposal for approval has been rejected.

Before rejecting the proposal, no explanation was called for from the

management and no opportunity of hearing was given.

4.     As the management was not given an opportunity of complying

with the deficiencies, in our view, the petition can be disposed of by

permitting the Petitioner and the management to submit the necessary

compliance and explanation in respect of the deficiencies which are

noted in the order of 22nd June, 2023.

5.     The Deputy Director of Education to consider the documents and

the    explanation tendered by the management and take decision

afresh.

6.     The impugned order dated 22nd June, 2023, to the extent that it

rejects the proposal, is hereby quashed and set aside.

7.     The management to comply with the deficiency and submit its

explanation within a period of two weeks from today.

8.     Upon receiving the appropriate explanation, the Deputy Director

of Education to consider the proposal afresh after giving an opportunity

of hearing to the management.




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                                                     36-WP-15931-2023(C).doc


9.     In the event, the proposal is approved, the Respondent No.2 to

include the Petitioner's name in the Shalarth Pranali and allot the

Shalarth ID within a period of four weeks thereafter and release the

salary within a period of three weeks thereafter.

10.    The petition is disposed of in the above terms.




 [NEERAJ P. DHOTE, J.]                    [SHARMILA U. DESHMUKH, J.]




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