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Bombay High Court

VAISHALI SACHIN JAGTAPversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court partially allows the petitions, quashes the impugned orders, and directs that the management be given notice and required to file an affidavit as per Kum. Ratna Ramesh Salunke precedent.

Summary

The Bombay High Court heard three identical writ petitions filed by Sarika Patil, Gayatri Sathe and Vaishali Jagtap challenging the rejection of their appointment proposals by Education Officers on the ground that the appointments were made de‑hors the Pavitra Portal. The petitioners argued that the officers denied them a chance to remedy the alleged deficiencies, contrary to the procedure laid down in Kum. Ratna Ramesh Salunke & Ors. v. State of Maharashtra (WP 6949 of 2025), which requires the management to first file an affidavit about the status of the Pavitra Portal and any login ID allocation. The Court found that the officers indeed rejected the proposals without granting an opportunity to cure the defects. Accordingly, the Court set aside the impugned orders and partially allowed the petitions, directing the Education Officers to issue a seven‑day notice to the management, obtain the requisite affidavit, and then conduct a proper verification before passing a reasoned order. The directions aim to ensure compliance with the earlier precedent and procedural fairness.

Issues considered

  • Whether the Education Officers erred in rejecting the appointment proposals without affording the management an opportunity to cure the deficiencies.
  • Whether the impugned orders should be quashed in view of the procedural requirements laid down in Kum. Ratna Ramesh Salunke & Ors. v. State of Maharashtra.
  • Whether the management must file an affidavit regarding the activity of the Pavitra Portal and allocation of login IDs before any further scrutiny.

Subjects

  • Pavitra Portal
  • appointment procedure
  • education officer
  • affidavit
  • procedural fairness
  • high court
  • writ petition
  • quashing order

Judgment

                                                         904-WP-16434-2024.odt




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO.16434 OF 2024

Sarika Jeevan Patil                                   ….Petitioner
            Versus
The State of Maharashtra & Ors.                       ….Respondents
                                   WITH
                     WRIT PETITION NO. 16440 OF 2024

Gayatri Sachin Sathe                                  ….Petitioner
            Versus
The State of Maharashtra & Ors.                       ….Respondents

                                   WITH
                     WRIT PETITION NO. 16439 OF 2024

Vaishali Sachin Jagtap                                ….Petitioner
            Versus
The State of Maharashtra & Ors.                       ….Respondents
                                   ----
Mr. Satish Raut, Advocate for the Petitioner in all the Petitions.
Ms. Pooja Joshi Deshpande, AGP for Respondent Nos.1 to 3 in
WP/16434/2024.
Mr. S.P. Kamble, AGP for Respondent Nos.1 to 3-State in
WP/16440/2024.
Ms. N.M. Mehra,             AGP,    for     the   Respondent-State         in
WP/16439/2024.
                                   ----
                              CORAM : RAVINDRA V. GHUGE &
                                      ABHAY J. MANTRI, JJ.
                              DATE : 6th FEBRUARY, 2026

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P.C. :-


1.            An identical order has been passed in all these three

matters for rejecting the proposal for seeking approval. One of the

conditions is that the appointments were made de-hors the Pavitra

Portal.



2.            The learned AGP submits that this Court has delivered

a Judgment in Kum. Ratna Ramesh Salunke & Ors. V/s. the State

of Maharashtra & Ors., in Writ Petition No.6949 of 2025, whereby

the Management first has to file an Affidavit, declaring that the

Pavitra Portal was inactive and, in the event the Pavitra Portal was

active, whether a login ID was not allocated to the Management.



3.            We have perused the impugned orders, which contain

several     other   objections.   The   Education   Officers,     namely

Shri. Kamlakant Mhetre and Shri. Bhausaheb Karekar, have passed

the orders of rejection of the proposal, after raising objections and

pointing out deficiencies, without granting an opportunity to the

Management to cure the deficiencies or to explain away the

objections. This position is undisputed.



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4.                In view of the above, the impugned orders are set aside,

only for the purpose of facilitating a proper scrutiny and

verification, in the light of the law laid down by this Court in Kum.

Ratna Ramesh Salunke & Ors. (Supra). For the said purpose, all

these Writ Petitions are partly allowed. The impugned orders are

quashed and set aside, with the following directions :



            (a)   The Education Officer would issue a notice to the

            Management, calling upon it to remain present before his

            Office, with a clear seven days notice period.



            (b)   The Education Officer would mention in the notice, by

            way of a direction to the Management, to submit an Affidavit

            in each of these cases, declaring whether the Pavitra Portal

            was active when these Petitioners were appointed. If the

            Pavitra Portal was active, the Affidavit would also contain a

            statement as to whether the login ID was allocated to the

            Management.



            (c)   After the filing of the Affidavit in each of these cases

            by the Management, further scrutiny and verification would


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            be carried out by following the due procedure laid down in

            law and the dictum of this Court set out in Kum. Ratna

            Ramesh Salunke & Ors. (Supra).



            (d)   If the Management co-operates in the said verification

            exercise in the light of the above directions, the Education

            Officer would pass an appropriate reasoned order on the

            proposals after completing such exercise, expeditiously.




(ABHAY J. MANTRI, J.)                      (RAVINDRA V. GHUGE, J.)




Kartikeya                             4 of 4


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