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.
Jamadar-SL 1 of 3
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.
Jamadar-SL 2 of 3
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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