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Bombay High Court

SHILPA DIPAK BHOLEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the pending proposal must be forwarded to the Commissioner of Education, who shall decide it within the time‑frames stipulated by the State’s undertaking.

Summary

The petitioner, Shilpa Dipak Bhole, sought conversion of her unaided teaching post to an aided post on a 100 % grant‑in‑aid basis. The Education Officer had approved only a 20 % grant‑in‑aid and the petitioner filed a writ petition alleging violation of the earlier sanction. The State, through its Additional General Counsel, relied on a Government Notification dated 13‑Nov‑2025 which transferred authority for such appointments to the Commissioner of Education and indicated a procedural timeline. The Court accepted the State’s undertaking that the pending proposal would be forwarded to the Commissioner within two weeks and decided within four weeks thereafter. Accordingly, the Court directed the Commissioner to decide the petitioner's proposal as per the undertaking and disposed of the writ petition.

Issues considered

  • Whether the petitioner is entitled to a 100% grant‑in‑aid appointment as originally sanctioned.
  • Whether the procedural requirements of the Government Notification dated 13‑Nov‑2025 compel the Education Officer to forward the proposal to the Commissioner of Education for decision.

Subjects

  • grant-in-aid
  • appointment conversion
  • education law
  • writ petition
  • administrative procedure
  • government notification

Judgment

2026:BHC-AUG:12128-DB

                                                                      939-WP-1789-26.odt
                                             {1}

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                           939 WRIT PETITION NO. 1789 OF 2026

                                     Shilpa Dipak Bhole
                                          VERSUS
                 The State Of Maharashtra Through Its Principal Secretary And

                                            ......
            Mr. Ramesh I. Wakade, Advocate for Petitioner
            Mr. V.M. Kagne, GP for Respondents No.1 to 5
                                            ......

                                          CORAM : SMT. VIBHA KANKANWADI AND
                                                  HITEN S. VENEGAVKAR, JJ.
                                          DATE     : 18 MARCH, 2026

            PER COURT [Per Hiten S. Venegavkar, J.] : -

            1.      Heard the learned Advocate for the Petitioner. He submits that,

            the earlier proposal of the Petitioner for appointment from unaided to

            aided post on 100% grant-in-aid basis was sanctioned by the Education

            Officer, but instead of 100% grant-in-aid, it was only for 20% grant-in-

            aid. He, therefore, submits that a fresh proposal has been submitted to

            sanction the proposal on 100% grant-in-aid basis. The said proposal, as

            on date, is pending before the Education Officer – Respondent No. 4.


            2.     The learned AGP appearing for the State submits that, in

            accordance with the Government Notification dated 13.11.2025,

            proposals for appointment from unaided to aided post are now to be

            decided by the Commissioner of Education. He further submits that the

            Education Officer – Respondent No. 4 will forward the pending proposal
                                                                939-WP-1789-26.odt
                                     {2}

of the Petitioner to the Commissioner of Education within a period of

two (2) weeks from today, and the Commissioner of Education, after

receiving the proposal, will decide the said proposal within a period of

four (4) weeks thereafter.


3.         The statement made by the learned AGP is accepted as an

undertaking to this Court. The Commissioner of Education is directed to

decide the proposal of the Petitioner as stated by the AGP by way of an

undertaking to this Court.


4.         Accordingly, the Writ Petition stands disposed of.



[ HITEN S. VENEGAVKAR ]                      [ SMT. VIBHA KANKANWADI ]
             JUDGE                                      JUDGE


S P Rane


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