Bombay High Court
MAYUR DILIP KULKARNIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Allowed
Holding
The order dated 17 September 2025 is quashed and set aside, and the proposal must be considered afresh in accordance with the Government Resolution dated 11 August 2026.
Summary
The petitioner, Mayur Dilip Kulkarni, challenged the order dated 17 September 2025 which rejected his proposal for approval of non‑teaching staff, relying on a communication dated 28 May 2025 that barred such approvals until surplus teachers were absorbed. The petitioner argued that this communication had been superseded by a Government Resolution (GR) dated 11 August 2026, which prescribed a fresh procedure for considering proposals for non‑teaching staff. The Court examined whether the earlier communication could still be invoked to deny approval after the issuance of the later GR. Finding that the GR expressly overruled the earlier communication, the Court held that the 17 September 2025 order was untenable. Consequently, the order was quashed, the proposal was restored to the Education Officer’s file, and the petition was allowed.
Issues considered
- Whether the order dated 17 September 2025 rejecting the petitioner's proposal is valid in view of the later Government Resolution dated 11 August 2026.
- Whether the petitioner's proposal for non‑teaching staff approval must be reconsidered afresh under the new GR.
Subjects
- Writ Petition
- Approval of Non-Teaching Staff
- Government Resolution
- Supersession
- Quash Order
- Education Officer
Judgment
2026:BHC-KOL:7885-DB
43-WP-19-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 19 OF 2026
Mayur Dilip Kulkarni ...Petitioner
Versus
The State Of Maharashtra And Others ...Respondents
——————
Mr. Prashant Bhavake, for the Petitioner.
Mr. S. B. Kalel, AGP for the Respondent-State.
Mr. Utkarsh Desai, for the Respondent Nos. 6 and 7.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : AUGUST 21, 2026
P. C. :
1. The grievance in the present Petition is to the order dated 17 th
September, 2025, by which the Petitioner’s proposal seeking approval
came to be rejected in view of the communication dated 28 th May, 2025,
by which until the absorption of the surplus teacher, there could not be
any approval granted in respect of non-teaching staff.
2. Mr. Bhavake, learned counsel for the Petitioner submits that the
communication dated 28th May, 2025 on the basis of which approval was
rejected has been superseded by the GR dated 11th August, 2026 setting
out the manner in which the proposal is required to be considered for
granting approval to the non-teaching staff. He submits that in view of
Arya Chavan 1 of 2
43-WP-19-2026.doc
the GR dated 11th August, 2026, the Education Officer is required to
consider the proposal afresh.
3. Perusal of the impugned order would indicate that the only
ground on which the approval came to be rejected was the
communication of 28th May, 2025 which is now superseded by the GR
dated 11th August, 2026.
4. In view of the above, the impugned order dated 17 th September,
2025 is hereby quashed and set aside. The proposal is restored to the
file of the Education Officer to be considered in accordance with the GR
dated 11th August, 2026.
5. The Petition is allowed in the above terms.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
Arya Chavan 2 of 2
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