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Bombay High Court

HEMANT BALIRAM DEORE AND ORSversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that, in the absence of specific allegations and proof of fraud or misrepresentation, the vague show‑cause notices and perfunctory hearings could not justify cancellation of the teachers' approvals, and therefore the impugned orders were set aside.

Summary

The petitioners, three teachers appointed on unaided and later aided posts, challenged orders cancelling their approvals and Shalarth‑IDs on grounds of alleged irregularities such as non‑compliance with reservation rosters, lack of TET qualification and absence of prior permission. The State authorities had issued vague show‑cause notices and conducted a single‑day hearing where 150 employees merely filled out questionnaire‑style forms without substantive oral hearing. The Court examined five issues concerning the specificity of the notices, delay in adjudication, adequacy of the hearing procedure, the nature of the alleged irregularities, and any fraud or misrepresentation. Relying on precedents that require specific allegations and proof of fraud before revoking approvals, the Court found the notices unsustainable, the hearings improper, and the alleged irregularities condonable. Consequently, the impugned orders were quashed, the teachers' approvals and Shalarth‑IDs restored, and their salaries reinstated.

Issues considered

  • Whether the show‑cause notices contained specific instances of irregularities enabling the employees and management to respond?
  • Whether the long lapse of time between the hearing and the impugned orders defeats fairness?
  • Whether conducting a single‑day hearing for 150 employees with only written questionnaire submissions constitutes a proper hearing?
  • Whether the deficiencies in the appointments amount to illegalities or merely condonable irregularities?
  • Whether any fraud or misrepresentation was alleged in the show‑cause notices or conclusions?

Subjects

  • show‑cause notice
  • teacher appointment
  • reservation roster
  • TET qualification
  • procedural fairness
  • administrative law
  • employment termination
  • educational institutions

Judgment

                                                                            917-918-919-WP-3839-2026-(C).odt



          Digitally signed

SUNNY
          by SUNNY
          ANKUSHRAO
ANKUSHRAO THOTE
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
THOTE     Date:
          2026.04.02
          10:30:55 +0530
                                             CIVIL APPELLATE JURISDICTION

                                           (917) WRIT PETITION NO. 3839 OF 2026

                             1. Hemant Baliram Deore
                                Age : 38 years, occu. Service,
                                R/at: At post Umrane
                                Tal. Deola, Dist. Nashik.
                             2. Gramshikshan Samitee Umrane
                                Through its President/Chairman/Secretary,
                                Having office at Umarane, Tal. Deola,
                                Dist. Nashik.
                             3. The Principal
                                Shree Chatrapati Shivaji Maratha High
                                School, Umarane, Tal. Deola, Dist. Nashik ….Petitioners
                                                   Versus
                             1. The State of Maharashtra,
                                Through the Secretary
                                School Education Department, Mantralaya,
                                Mumbai – 400 032.
                             2. The Deputy Director Education
                                The office of Education Commissioner
                                Maharashtra State, Central Building,
                                Dr. Anni Besant Marg, Pune – 411 001.
                             3. The Deputy Director Nashik Region,
                                Divisional Commissioner Office Premises,
                                Nashik Road, Nashik – 422101
                             4. The Education Officer (Secondary),
                                Zilla Parishad, Nashik, Dist: Nashik
                             5. The Superintendent Pay and Provident
                                Fund Unit (Secondary), Zilla Parishad,
                                Nashik                                            ….Respondents




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                              AND
              (918) WRIT PETITION NO. 3840 OF 2026

1. Smt. Sangita Motiram Patil.
   Age : 49, occu. Service,
   R/at: At Post Umarane,
   Tal. Deola, Dist. Nashik
2. Gramshikshan Samitee Umrane
   Through its President/Chairman/Secretary,
   Having office at Umarane, Tal. Deola,
   Dist. Nashik.
3. The Principal
   Shree Chatrapati Shivaji Maratha High
   School, Umarane, Tal. Deola, Dist. Nashik ….Petitioners
                       Versus
1. The State of Maharashtra,
   Through the Secretary
   School Education Department, Mantralaya,
   Mumbai – 400 032.
2. The Deputy Director Education
   The office of Education Commissioner
   Maharashtra State, Central Building,
   Dr. Anni Besant Marg, Pune – 411001.
3. The Deputy Director Nashik Region,
   Divisional Commissioner Office Premises,
   Nashik Road, Nashik – 422101
4. The Education Officer (Secondary),
   Zilla Parishad, Nashik, Dist: Nashik
5. The Superintendent Pay and Provident
   Fund Unit (Secondary), Zilla Parishad,
   Nashik                                           ….Respondents




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                              AND
              (919) WRIT PETITION NO. 3841 OF 2026

1. Nilesh Mohan Koli
   Age : 38 years, occu. Service,
   R/at: Flat No.A-802, Malpani Saffron,
   Near Express Inn Hotel, Pathardi phata,
   Nashik-422010
2. Maharashtra Shikshan Vikas Mandal, Nashik
   Through its President/Chairman/Secretary,
   Having office at Kondai Sadan, Old
   Gangapur Naka, Nashik-422005
3. The Principal
   New English School Waghere
   Tal. Igatpuri, Dist. Nashik                      ….Petitioners
                       Versus
1. The State of Maharashtra,
   Through the Secretary
   School Education Department, Mantralaya,
   Mumbai – 400 032.
2. The Deputy Director Education
   The office of Education Commissioner
   Maharashtra State, Central Building,
   Dr. Anni Besant Marg, Pune – 411001.
3. The Deputy Director Nashik Region,
   Divisional Commissioner Office Premises,
   Nashik Road, Nashik – 422101
4. The Education Officer (Secondary),
   Zilla Parishad, Nashik, Dist: Nashik
5. The Superintendent Pay and Provident
   Fund Unit (Secondary), Zilla Parishad,
   Nashik                                           ….Respondents




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                                  ****
Ms. Pranita Hingmire, Advocate for the Petitioners.
Mr. P.P. Kakade, Addl. G.P. a/w Mr. A.R. Deolekar, AGP for the
Respondent/State in WP/3839/2026.
Mr. P.P. Kakade, Addl. G.P. a/w Mr. A.K. Naik, AGP for the
Respondent/State in WP/3840/2026.
Mr. P.P. Kakade, Addl. G.P. a/w Mr. V.G. Badgujar, AGP for the
Respondent/State in WP/3841/2026.
                                   ****

                             CORAM : RAVINDRA V. GHUGE
                                           &
                                     ABHAY J. MANTRI, JJ.

                                 DATE     : 27th MARCH, 2026


ORAL JUDGMENT : (PER : RAVINDRA V. GHUGE, J.)

1.            Rule. Rule made returnable forthwith and heard finally

by the consent of the parties.



2.            In all these matters, the Petitioners are individual

employees, along with their Managements. The Respondents are the

State Authorities on whose behalf the learned Additional G.P./AGPs

have appeared.



3.            Pursuant to the advertisement published in ‘Dainik

Gavkari’ and ‘Dainik Punyanagari’ dated 12th October, 2012

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(Hemant Baliram Deore and Sangita Motiram Patil), and 16 th June,

2013 (Nilesh Mohan Koli), which are widely circulated newspapers

in Nashik, they were considered for employment along with all the

Applicants.


4.            Two employees, namely Hemant Baliram Deore and

Sangita Motiram Patil, were appointed on 30 th October, 2012 as

Assistant Teachers on unaided basis. They were confirmed in

employment and they were granted approval on unaided basis on

14th August, 2014 and on transfer to the aided establishment as

Shikshan Sevak, on 19th April, 2018. Nilesh Mohan Koli was

appointed on 24th June, 2013 on unaided basis as an Assistant

Teacher. His first approval on unaided basis is dated 8th July, 2013.

He was transferred on the aided post on 11 th June, 2018 and received

approval on aided basis, 9th July, 2019. Subsequently, the

Petitioners, Hemant Baliram Deore and Sangita Motiram Patil, were

granted permanent approval on 6th November, 2020.



5.            Hemant Baliram Deore was granted Shalarth-ID on 14 th

August, 2019. Sangita Motiram Patil was granted Shalarth-ID on

24th September, 2019, and Nilesh Mohan Koli was granted Shalarth-

ID on 14th September, 2019.

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6.               All these three employees, along with the Management,

received show-cause notices dated 30th April, 2025, 15th May, 2025

and 14th May, 2025, respectively.



7.               A hearing in all these matters was conducted by the

Joint Director Education at Pune, who had issued the notices to

these Petitioners. The hearing was concluded on 5th August, 2025. In

all these cases, the impugned orders are dated 23rd January, 2026.

These orders were transmitted to the Deputy Director of Education

on 10th February, 2026. All these orders were served upon the

Petitioners on 13th March, 2026, and thereafter, these Petitions were

filed.



8.               In the case of Hemant Baliram Deore, the impugned

order cancelling the approval is passed on the following grounds :

     9        Impugned 1. As per GR dated 06-02-2012 no permission
              order    taken.
              grounds 2. As per GR dated 28-06-2016 no permission
                       taken and inquire about surplus teacher.
                       3. The Petitioner is not TET qualified.


9.               In the case of Sangita Motiram Patil, the grounds for

cancellation of approval and the Shalarth-ID, are as under :



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      9       Impugned 1. Appointment is not done as per the Roster,
              order    as, as per the roster, there was no vacancy for
              grounds Open Category.
                       2. As per Gr dated 13/02/2013 and 30/06/2016
                       the petitioner No.1 is not cleared TET
                       examination.


10.               In the case of Nilesh Mohan Koli, the impugned order

carries the following reasons :

      9       Impugned 1. At the time of appointment of the Petitioner
              order    No.1 on unaided basis the roster dated 03-01-
              grounds 2019 is checked from BC cell and as per that
                       there was no vacancy for SBC and irrespective
                       of that the appointment of the Petitioner No.1
                       is made.
                       2. As per the GR dated 06.02-2012 there is
                       violation of point A(3). The Respondent No.2
                       observed all such reasons and cancelled the
                       individual approval of the Petitioner No.1
                       granted on unaided basis.


11.               We have considered the strenuous submissions of the

parties. The learned Additional G.P/AGPs have vehemently opposed

these Petitions. It is canvassed that the Competent Authority has

followed the due procedure. Notices for hearing were issued.

Written submissions were accepted, not only from the employee, but

also from the Management. The Competent Authority has applied its

mind to the rival submissions and passed a speaking order.

Considering that the Competent Authority has considered all the

contentions of the parties and has assigned justifiable reasons, there

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is no ground for interference in these matters. The Competent

Authority has taken into account every fact of the case and having

noticed irregularities, has passed appropriate orders. He had no

option, but to cancel the approvals and the Shalarth-ID, since he

noticed irregularities in the matter.


                    FIVE ISSUES ARE TO BE ANSWERED

12.                 We find that there are five issues to be considered in

these cases, which are as under:


              (a)         Whether the show-cause notices contained

              specific instances of irregularities, to enable the employees

              as well as the Management to respond to the specific

              allegations?


              (b)         Whether there is a large passage of time between

              the closing of the matters and the date of the passing of the

              impugned orders?


              (c)         Whether    the   hearings   conducted          by      the

              Competent Authority, by calling 150 employees along with

              their Management and Headmasters, on a single day and

              collecting their written submissions filled into the

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              prescribed formats appended to the show-cause notice, can

              be said to be appropriate hearings?


              (d)        Whether    the   deficiencies   noticed        by      the

              Competent Authorities in the appointments of the

              employees, amount to illegalities or irregularities, and

              whether any of such irregularities were condonable?


              (e)        Whether there are any allegations of fraud or

              misrepresentation in the show-cause notices or conclusions

              against the Employees?

                               FIRST ISSUE

13.                 With regard to the first issue, we find from the show

cause notices issued to the Petitioner employees, that there are

hardly any details worth mentioning in the notice in order to enable

the noticees to understand or gather as to what are the reasons or

grounds on which the notices have been issued for the purpose of

cancellation of approvals. If the Marathi paragraph in the notice is

to be translated in English, it would make out the following

meaning:

                    Taking into account Reference Serial No. 2
                (Corrigendum), an officer who is one level senior


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              shall conduct the hearing with regard to Reference
              Serial Nos. 3 to 5 pertaining to irregularities in the
              approvals granted. The hearing is scheduled as per
              the following programme, and the Education
              Officer (Secondary), the then Education Officer
              (Secondary),     the     President/Secretary,          the
              Headmaster of the school, and the Petitioner
              employees, shall show cause as to why the
              approval granted to the employees should not be
              cancelled. If any of the parties fail to appear in the
              matter, an ex parte decision would be arrived at.
              Hearing Date: 07/05/2025
              Time: 10:30 to 5:00
              Venue: Naurasji Wadia College, Pune – 411001


14.           It does not require any debate that the above show

cause notice does not even whisper of any specific charge of

irregularity, much less, point out any particular illegality or fraud

alleged to have been committed while granting approval to the

Petitioner employees.



15.           In Commissioner of Central Excise, Bangalore versus

Brindavan Beverages (P) Ltd. and Others, (2007) 5 SCC 388, the

Hon’ble Supreme Court concluded that when the show cause notice

does not indicate anything specific regarding the role of the noticee,

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such a show cause notice, being vague and lacking in details, can be

held to be sufficient to conclude that the noticee was not given a

proper opportunity to meet the allegations. For ready reference, we

reproduce paragraph Nos. 13 and 14 of the said judgment

hereunder:

              “13. We find that in the show-cause notice there
              was nothing specific as to the role of the
              respondents, if any. The arrangements as alleged
              have not been shown to be within the knowledge
              or at the behest or with the connivance of the
              respondents. Independent arrangements were
              entered into by the respondents with the
              franchise-holder (sic franchiser). On a perusal of
              the show-cause notice the stand of the
              respondents clearly gets established.

              14. There is no allegation of the respondents
              being parties to any arrangement. In any event,
              no material in that regard was placed on record.
              The show-cause notice is the foundation on
              which the Department has to build up its case. If
              the allegations in the show-cause notice are not
              specific and are on the contrary vague, lack
              details and/or unintelligible that is sufficient to
              hold that the noticee was not given proper
              opportunity to meet the allegations indicated in
              the show-cause notice. In the instant case, what
              the appellant has tried to highlight is the alleged
              connection between the various concerns. That is
              not sufficient to proceed against the respondents
              unless it is shown that they were parties to the
              arrangements, if any. As no sufficient material
              much less any material has been placed on record
              to substantiate the stand of the appellant, the
              conclusions of the Commissioner as affirmed by
              CEGAT cannot be faulted.”


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16.           We also find from the impugned order that batches of

150 employees were given time between 10:30 a.m. and 5:00 p.m.

on a particular day to address the authority. Each of these noticees

was permitted to tender their explanation by filling up the

cyclostyled format attached to the show cause notice. Not a single

teacher was granted a hearing in the proceeding, save and except,

the liberty of tendering the filled-in form, which was in the nature of

a questionnaire.



17.            So also, it appears that the incumbent Education

Officer, as well as the then Education Officers, who are alleged to

have resorted to illegalities and irregularities, were absent, since

they were attending a similar proceeding being conducted by

another nominated officer who had published the schedule for a

particular institution and employees, under the same Zilla Parishad.

These officers, therefore, could not be present at two places at the

same time and on the same day.



18.           In view of the above, we find fault with the show cause

notices issued to these Petitioners. Such show cause notices cannot

be sustained. Thus, our answer to issue no. 1.


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                         SECOND ISSUE

19.           With regard to the second issue, we find from the

impugned orders that the hearings were held on a particular date,

and the impugned judgment was delivered after around 7 to 8

months. In the impugned judgment, the forms filled in by the

Management, the employees, and the Head Master, etc., have been

reproduced in the order. Under the caption of analysis, the

nominated officer has mentioned three clauses. Finally, by

mentioning three clauses in a single sentence, the conclusions have

been drawn.



20.           By way of an operative order, the approvals granted

have been canceled, and a further direction is issued that their

salaries should be immediately stopped.



21.           Considering that four pages of the impugned order

contain copying of the replies of the parties, and 3/4th of the last

page contains cryptic analysis and conclusion, we find that,

probably because of the passage of 7 to 8 months, the entire material

placed before the authority has not been considered in a proper

perspective. Proper consideration of the material available and

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reasons to support the conclusion, are the factors which indicate

application of mind. Assigning reasons for justifying the

conclusions, is a Sine-Quo-Non while passing the impugned order.

The impugned order would, therefore, be faulted on this count as

well. Hence, our answer to issue no. 2.


                          THIRD ISSUE

22.           Insofar as the third issue is concerned, whether the

competent authority was justified in inviting 150 employees in a

single day between 10:30 a.m. and 5:00 p.m., along with their

Managements, Head Masters, Ex-Education Officer, and the

Incumbent Education Officer, and whether the procedure of

collecting their written submissions in the cyclostyled forms

appended to the show cause notice, can be said to be a proper

hearing or a farce.



23.           It is anybody’s guess that if 150 employees are to enter

the venue and tender their filled-in forms/written submissions, as

also by the Management and Head Master, and none of them was

allowed to express any view, but, had to leave the venue, such a

hearing cannot be said to be an appropriate hearing. More so, when

the nominated authority was considering cancellation of the

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approvals of the teachers, cancellation of their Shalarth-IDs, and

which would result in their termination from employment.

Termination from service amounts to civil death. We, therefore,

express our serious displeasure for the manner in which the hearing

has been conducted.



24.           Taking into account that these Petitioner teachers were

working for between 10 to 15 years, there was no reason for the

nominated authority to resort to such a ‘undue-haste’ procedure of

conducting the hearings, which clearly appears to be a farce or an

eye-wash. When these teachers were working for more than a

decade and half, proper hearings should have been conducted,

keeping in view that termination from service would amount to a

civil death for such teachers. We, therefore, disapprove of the

manner of conducting the hearing. The hearing is, therefore, faulty

and cannot be sustained. Hence, our answer to issue no. 3.


                 FOURTH AND THE FIFTH ISSUE


25.           Insofar as the fourth and fifth issues are concerned, the

impugned orders before us in these three Petitions indicate that the

reservation roster was not strictly followed by the Management. The


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Education Officer did not verify whether the Petitioner teachers

were actually working or not. Some of the teachers had not passed

their TET.



26.           We quite see that if these were the grounds on which

the approvals and the Shalarth-IDs had been cancelled, they should

have been confronted to the Petitioner teachers, as well as the

Management. None of them were aware of the grounds on which the

approvals had been cancelled.



27.           For example, if the issue of TET was to be raised, the

Hon’ble Supreme Court has already delivered a judgment in

Anjuman Ishaat-E-Taleem Trust v/s. State of Maharashtra and

Others, 2025 SCC OnLine SC 1912, concluding that those teachers

who do not have TET, should acquire the TET qualification within

two years of the date of the judgment, that is, from 01.09.2025. This

issue has also been dealt with by this Court in a judgment delivered

in Sagar Dattatray Chorghe & Others v/s. State of Maharashtra &

Others, (Writ Petition No. 7943 of 2024 and Writ Petition No. 861

of 2025) to which one of us (Ravindra V. Ghuge,) is a party, holding

that a candidate who had secured the State TET or CTET, even after


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the cut-off date of 31.03.2019, would now be eligible to continue in

employment in the light of Anjuman Ishaat-E-Taleem Trust (supra).


28.           The Hon’ble Supreme Court has also held that if a

teacher has less than five years to retirement and does not desire

promotion, he would continue in his employment, without the TET

qualification, subject to the condition that he would be deprived of

higher service benefits, promotion, revised pay fixation, and

increments.


29.           The learned Advocate for the Petitioners is right in

contending that if the show cause notice had indicated the grounds

on which the Petitioner was called upon to show cause, the

Petitioner would at least have come to know the reasons for which

the show cause notice was issued. Neither the employee, the

Management, nor the Head Master was aware of why the show

cause notice had been issued. No fraud or illegality has been

alleged.



30.           This Court, [Coram: B.R. Gavai (as His Lordship then

was) & Riyaz I. Chagla, JJ.], in a large batch of cases, has delivered

an order on 01.08.2017 in Writ Petition No. 10133 of 2016 and a

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group of cases (Mrs. Shivanee Prasanna Deshpande vs. State of

Maharashtra and Others), wherein the issue of cancellation of

approval was dealt with. The conclusions drawn by the Court are set

out in paragraph Nos. 5 to 8, which read as follows:

              “5. Affidavit in reply is filed by the Dy.
              Education Officer. Perused the reasons given in
              the impugned orders. In some cases, it is
              submitted that the selection process was
              conducted without obtaining prior approval of
              the Education Officer; and in some cases it is
              stated that though there was a backlog of
              reserved category candidates, the candidates
              were appointed from open category.

              6. We find that it will not be necessary for us to
              go into the merits to find out as to whether the
              reasons given by the Education Officer in the
              affidavit are correct or not. We find that the
              petitions deserve to be allowed on short ground
              that by the impugned order, Respondent
              Education Officer has set aside the order passed
              by the earlier Education Officer. As such, the
              impugned order revokes the approval granted
              by the earlier order passed by the predecessor
              in the office of the Respondent Education
              Officer. By now, it is settled principle of law
              that unless the power of review is specifically
              or by necessary implication provided, the
              authority cannot review its own order. No
              doubt, if an order is obtained by exercising
              fraud, it would stand vitiated. However, it is not
              the case of the Respondent-Education Officer
              that Petitioners have obtained their initial
              orders by fraudulent means. If the earlier
              Education Officer had granted approval to the
              Petitioners' appointment, may be erroneously,
              the same cannot be made a ground to recall the

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              same and pass contrary order, unless a case of
              fraud, misrepresentation or suppression is made
              out. Particularly when most of the Petitioners
              have already put in their services for 11 years,
              the impugned orders would amount to
              penalising them for no fault on their part.

              7.      In that view of the matter, we find that
              the impugned orders dated 30 July, 2016 are
              not sustainable in law. We, however, clarify that
              if the Education Officer is of the view that in
              some of the schools backlog of reserved
              category candidates is not properly maintained,
              the Education Officer would always be
              empowered to insist that hereinafter no
              candidate belonging to open category shall be
              filled in unless the quota of reserved category
              candidates, as per the requirement of MEPS
              Act Rules, is fulfilled.

              8. Rule is therefore, made absolute in terms of
              prayer clause (b) with no orders as to costs. All
              the writ petitions are accordingly disposed of.”



31.           This Court has, therefore, concluded that the approvals

granted cannot be interfered with and cannot be set aside, save and

except for the reason that a fraud has been committed. Even if the

Education Officer granted approval erroneously, the same cannot be

made a ground to recall the approval order and pass a cancellation

order, unless a case of fraud, misrepresentation, or suppression is

established. The length of service of the Petitioners, beyond a

decade, was also considered by the Court.


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32.           A glance at the impugned orders makes it clear that

there is no conclusion by the nominated authority that the Petitioner

employees or the Management have indulged in a fraud or

misrepresentation. The grounds for quashing the approvals are that

the roster reservation was not properly followed, that a candidate

did not have the TET qualification, or that prior permission from the

Education Department for carrying out recruitment was not taken.


33.           It must be borne in mind that when these Petitioners

were appointed more than a decade ago, the Pavitra Portal Pranali

was not in vogue; it was brought into effect pursuant to a judgment

of this Court [Coram: B.R. Gavai (as His Lordship then was) &

Indira K. Jain, JJ.] at the Nagpur Bench in Public Interest Litigation

No. 08 of 2015 dated 24.06.2015 (Court on It’s Own Motion V/s.

State of Maharashtra through its Secretary, Department of

Education, Mantralaya, Mumbai & Ors.). There is no conclusion by

the nominated authority that fraud or misrepresentation has been

indulged in, either by the Management or by the teachers.



34.           A glance at the impugned order gives us a prima facie

view that the reasons mentioned for cancellation of approval,



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actually turn upon the conduct of the Management. It was the

Management which can be alleged to have not followed the roster

reservation. It is the Management which can be alleged to have

indulged in an irregularity of not seeking prior permission of the

Education Authority. It could be the Management which can be

alleged to have indulged in an irregularity of publishing the

advertisement in unknown or less circulated news papers, if that be

the case. The Management should have been called upon to explain

its conduct.



35.            What has happened is that the nominated authority has

not uttered a word against such a Management. The resultant effect

of cancellation of the approval and Shalarth-ID, is like a death knell

to the employees who are not at fault. They are likely to lose their

employment due to purported irregularities committed by the

Management. We, therefore, conclude that the irregularities were

condonable. If the reservation roster was not followed, the

Management can be mandated to fill-up the backlog of reservation

in future appointments. If advertisements were not published in

widely circulated/approved newspapers by the State, if permission

of the education department was not taken, the constituted authority


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can contemplate imposing heavy costs on the Management, subject

to an opportunity of hearing to such Managements. Hence, our

answer to issue nos. 4 and 5.



36.           In view of the above and taking into account the afore

stated reasons, these three Writ Petitions are partly allowed. The

impugned orders are hereby quashed and set aside.



37.           Since, the notices are also held to be unsustainable, if

the authorities desire to conduct a proper hearing in these matters,

they are at liberty to issue appropriate show cause notices afresh,

mentioning the specific grounds in each case of the teachers or

Management, as being grounds only towards indicating fraud or

misrepresentation. Any issue touching an irregularity can also be

confronted, but only with the Management and if it is noticed that

the Management has indulged in such irregularities, the authority

would be at liberty to pass orders penalizing the Management by

any appropriate mode or by imposing a heavy cost to be deposited

in the State Exchequer as a donation. But, unless a fraud or

misrepresentation is noticed and the teachers can be held to be

parties to such acts, the approval orders of the Petitioners shall not


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be questioned in view of the law laid down in Mrs. Shivanee

Prasanna Deshpande (supra) and Pramod Prabhakar Pokhale V/s.

State of Maharashtra, (2019) 3 Bom CR 278.



38.           Consequentially, the approval orders and the Shalarth-

IDs of these Petitioner teachers are restored. They shall be entitled

to their salaries, as they have been working without a break in

service.



39.           Rule is made partly absolute in the above terms.




(ABHAY J. MANTRI, J.)                  (RAVINDRA V. GHUGE, J.)




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