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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