Bombay High Court

DHANASHREE MADHUKAR GAIKWADversusTHE STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER VAISHALI PATIL JADHAV

Holding

An order rejecting an appointment proposal without granting a hearing to the affected parties violates natural justice and must be set aside.

Summary

The petitioner, Dhanashree Madhukar Gaikwad, filed a writ petition challenging an order dated 09.12.2022 issued by the Education Officer of Zilla Parishad, Ahmednagar, which rejected his proposal for appointment. The petitioner contended that neither he nor the management were given an opportunity to be heard or to rectify any alleged deficiencies in the proposal. The High Court examined whether the order violated the principles of natural justice and the procedural requirements governing appointments. Finding that the petitioner and management were denied a hearing, the Court set aside the impugned order. The matter was remitted to the Education Officer with a directive to provide a hearing to both parties, allow them to address any deficiencies, and pass a fresh order within three months. The petition was thereafter disposed of with these directions.

Issues considered

The order of the Education Officer rejecting the appointment proposal was passed without affording a hearing to the petitioner and the management.
Whether the denial of a hearing violates the principles of natural justice and statutory procedural requirements for appointments.

Subjects

natural justice
right to be heard
appointment procedure
education officer
writ petition
procedural fairness

Judgment

  2026:BHC-AUG:1950-DB

                                                                1
                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    BENCH AT AURANGABAD.
                                               935 WRIT PETITION NO.2235 OF 2023

                                                     Dhanashree Madhukar Gaikwad
                                                                 VERSUS
                                 The State Of Maharashtra Through The Principal Secretary And Others
                                                                    …..
                                           Shri. Shivaji T. Shelke, Advocate for the Petitioner
                                          Shri. S. R. Wakale, AGP for the Respondent – State.
                                            Shri. S. S. Wagh, Advocate for Respondent No.3
                                                                    …..
                                                              CORAM :      ARUN R. PEDNEKER AND
                                                                           VAISHALI PATIL-JADHAV, JJ.
                                                              Dated    :   JANUARY 17, 2026
                             PER COURT :-
                             .        The Petitioner is aggrieved by the order dated 09.12.2022 passed
                             by Respondent No.2 - Education Officer, Zilla Parishad, Ahmednagar,
                             rejecting the Petitioner’s proposal seeking approval of his appointment.

                             2.       It appears from the impugned order that, neither the Petitioner
                             nor Management were heard in the matter and no opportunity was
                             granted to them to rectify the deficiencies. Considering the same, the
                             impugned order dated 09.12.2022 is set aside. The matter is
                             remitted back to Respondent No.2 – Education Officer. Respondent
                             No.2 – Education Officer shall give opportunity to the Petitioner as well
                             as the Management to remove deficiencies, if any, and pass appropriate
                             orders within a period of three months from the date of receipt of this
                             order, after hearing both the parties. Parties to co-operate Respondent
                             No.2 - Education Officer for early disposal of the proposal.

                             3.       Petition stands disposed of with the above directions.




                             (VAISHALI PATIL-JADHAV, J.)                   ( ARUN R. PEDNEKER, J. )

                             GGP
Signed by: Gajanan G. Punde
Designation: PA To Honourable Judge
Date: 20/01/2026 10:49:16

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