Bombay High Court
VISHAL VILAS KAMBLEversusTHE STATE OF MAHARASHTRA THR. SECRETARY SCHOOL EDUCATION AND SPORTS DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The Court directed the Education Officer to decide the appointment proposal within four weeks and, if approved, to issue the salary‑aid ID and pay arrears within the stipulated timelines.
Summary
The petitioner, Vishal Vilas Kamble, applied for the post of junior clerk and a proposal for his appointment was submitted on 2 March 2026 but remained undecided. He filed a writ petition seeking a direction to the Education Officer (Respondent No.5) to decide the proposal. The Court examined whether it could issue a mandamus directing the officer to act within a reasonable time and also order the issuance of a salary‑aid ID and payment of arrears if the appointment is approved. Finding no substantive dispute beyond the administrative delay, the Court directed the Education Officer to decide the proposal within four weeks from the date of the order. It further ordered that, upon approval, the appropriate authority issue the salary‑aid ID within three weeks and pay any arrears within two weeks. The petition was consequently disposed with these directions.
Issues considered
- Whether the High Court can issue a mandamus directing the Education Officer to decide the appointment proposal within a specified period.
- Whether the Court can order issuance of a salary‑aid ID and payment of arrears contingent upon approval of the appointment.
Subjects
- appointment
- junior clerk
- mandamus
- administrative delay
- salary arrears
- writ petition
- direction
Judgment
2026:BHC-KOL:8846-DB
29 wp-2380-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2380 OF 2026
Vishal Vilas Kamble. ...Petitioner.
Versus
The State of Maharashtra and Others. ...Respondents.
——————
Mr. Prashant Bhavake for the Petitioner.
Mr. P. V. Nelson Rajan, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : September 11, 2026.
P. C. :
1. By the present petition, the Petitioner seeks a direction to the
Respondent No.5-Education Officer to decide the proposal seeking
approval to the appointment of Petitioner on the post of junior clerk,
which proposal was submitted on 2 nd March 2026 and has not yet been
decided.
2. Considering the limited relief sought in the present petition, the
petition is disposed of by directing Respondent No.5–Education Officer
to decide the proposal dated 2nd March 2026, expeditiously and in any
event within a period of four weeks from today. In event the approval is
granted, the Respondent No.2/4 to take steps to issue shalarth ID to the
Petitioner within a period of three weeks thereafter and pay arrears of
Patil-SR 1 of 2
29 wp-2380-26.doc
grant-in-aid salary within a period of two weeks thereafter.
3. Petition is disposed of in above terms.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Patil-SR 2 of 2
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