Bombay High Court

SYED SHAFEEQUE AHMED VARES ALI AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

The Court held that the headmaster must forward the teachers' appointment proposals to the Education Officer within eight weeks and the Education Officer must decide on them within ten weeks.

Summary

The petitioners, teachers appointed in a school managed by respondent No.6, filed writ petitions alleging that internal management disputes prevented their appointment proposals from being forwarded to the Education Officer for approval. The State of Maharashtra issued a Government Resolution on 01‑07‑2026 directing that, in case of such disputes, the headmaster should forward the proposals to the Education Officer. The High Court examined whether the headmaster could be compelled to act under the resolution and whether the petitioners were entitled to timely consideration of their appointments. The Court held that the headmaster must send the proposals with all relevant documents to the Education Officer within eight weeks, and the Education Officer must decide within ten weeks, communicating any deficiencies. Accordingly, the petitions were partly allowed, specific directions were issued, and the writ petitions were thereafter disposed.

Issues considered

Whether the headmaster can be directed to forward teachers' appointment proposals to the Education Officer under the Government Resolution dated 01‑07‑2026
Whether the petitioners are entitled to timely approval of their appointments despite management disputes

Subjects

teacher appointment
management dispute
government resolution
writ petition
education officer
high court order

Judgment

2026:BHC-AUG:33121-DB


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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 3953 OF 2018

                 Munaf Ali Yaseen Ali And Others                          .. Petitioners

                        Versus

                 The State Of Maharashtra And Others                      .. Respondents
                                                   WITH
                                  WRIT PETITION NO. 3954 OF 2018

                 Sayed Shafeeque Ahmed Vares Ali And Another              .. Petitioners

                        Versus

                 The State Of Maharashtra And Others                      .. Respondents

                                              WITH
                                  WRIT PETITION NO. 8567 OF 2018

                 Farooqui Nizamoddin Israruddin                           .. Petitioner

                        Versus

                 The State Of Maharashtra And Others                      .. Respondents

                 Mr. Arvind G. Ambetkar, Advocate for Petitioners (Through V.C.) in
                 W. P. No. 3953/2018.
                 Mr. S. B. Pulkundwar, AGP for Respondents-State.
                 Mr. Abhijit P. Avhad, Advocate for Respondent No. 5.
                 Mr. C. V. Dharurkar, Advocate for Respondent No. 8.

                                       CORAM : KISHORE C. SANT AND
                                               AJIT B. KADETHANKAR, JJ.
                                        DATE       :   31st JULY, 2026.
                               2             35-wp 3953-2018.odt


PER COURT :-

1.     Heard learned advocate for the petitioners.


2.     These petitions are filed by the teachers who were appointed

in respondent No. 6 school. Because of the disputes in the

management their proposals could not be forwarded to the

Education Officer/respondent No. 4 for approval.              Now, the

Government has come out with a Government Resolution dated

01.07.2026 which prescribes that, when there is a dispute

between the management or between two managements as

regards management of the school or when no management is in a

position to look after the affairs of the school, it is for the

Headmaster of the school to send the proposal for approval of

teachers.


3.     Considering above, this petitions can be conveniently

disposed of with following order


                               ORDER

(I)    The writ petitions stand partly allowed.


(II)   The respondent No. 8 – Headmaster to send the proposals

for approval of the petitioners’ appointment with all relevant
                                  3             35-wp 3953-2018.odt


documents to the Education Officer (Secondary), Zilla Parishad

i.e. respondent No. 4 within a period of eight (08) weeks from

today. After the proposals are received by the Education Officer,

the Education Officer to decide the proposals within ten (10)

weeks thereafter.


(III) Needless to say that, if there are deficiencies in the

proposals, it is for the Education Officer to communicate the

deficiencies to the Headmaster.


(IV) The consequences to follow in case the approval is granted

by the Education Officer.


(V)      With this, the writ petitions stand disposed of.



( AJIT B. KADETHANKAR, J.)                    ( KISHORE C. SANT, J. )




P.S.B.

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