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Bombay High Court

JITENDRA BABURAO KHANDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The court held that the competent authority must decide the pending proposal within three weeks of receipt of the order, without the court expressing any view on the merits.

Summary

Jitendra Baburao Khande filed a writ petition seeking a direction to the competent authority to consider a proposal dated 25‑09‑2017, submitted by a school and its management, for approval of his services. The petitioner alleged that despite the proposal being filed in 2017, no decision had been taken. The court observed that the grievance was confined to the non‑consideration of the proposal and that no other respondents appeared. It directed the competent authority to decide the proposal within three weeks of receiving a copy of the order, on its merits, without expressing any opinion on those merits. All contentions of the parties were kept open and the petition was disposed of.

Issues considered

  • Whether the High Court can issue a mandatory direction to the competent authority to decide a pending proposal for service approval within a specified time frame.

Subjects

  • writ petition
  • service approval
  • administrative delay
  • competent authority
  • direction to decide
  • appointment

Judgment

2026:BHC-AUG:42973-DB

                                                                            30 WP NO. 2466 OF 2020


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD
                                     WRIT PETITION NO. 2466 OF 2020
                                            Jitendra Baburao Khande
                                                    VERSUS
                                      The State Of Maharashtra And Others
                                                       …
                       •   Mr. Kalani Pravin N., Advocate for the Petitioner
                       •   Mr. P. K. Lakhotiya, AGP for Respondent No. 1 - State
                                                       …
                                                     CORAM : KISHORE C. SANT &
                                                                JITENDRA JAIN, JJ.
                                                    DATE     : 21st SEPTEMBER, 2026
                PER COURT :

                1.            Heard the learned counsel for the petitioner and the learned

                AGP for respondent No. 1 – State.

                2.            Despite service, none appears for the other respondents.

                3.            The petitioner seeks a direction to the competent authority

                to decide the proposal dated 25.09.2017, submitted by respondent

                Nos. 4 and 5, namely, the School and the Management, respectively,

                for grant of approval to the services of the petitioner. It is submitted

                that, although the proposal was submitted on 25.09.2017, no

                decision has been taken thereon till date.

                4.            Considering that the grievance of the petitioner is confined

                to the non-consideration of the aforesaid proposal, the competent

                authority is directed to consider and decide the proposal dated

                25.09.2017, in accordance with law and on its own merits, within a

                period of three weeks from the date of receipt of a copy of this order.
                Jhs/                                                                         1/2
                                                        30 WP NO. 2466 OF 2020


5.       It is clarified that this Court has not expressed any opinion

on the merits of the proposal, and all contentions of the parties are

kept open.

6.       With the above directions, the writ petition stands disposed

of.



 [JITENDRA JAIN, J.]                         [KISHORE C. SANT, J.]




Jhs/                                                                     2/2


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