Created by Fuzzy Cloud

Bombay High Court

SANKET AAKARAM KAVADEversusTHE DY. DIRECTOR OF EDUCATION ( PUNE DIVISION) , PUNE AND ORS

Decided
Disposal
Disposed Off

Holding

The court directed the second respondent to carry out a preliminary scrutiny of the appointment proposal within the prescribed timeframes, without adjudicating on its merits.

Summary

The petitioner, Sonali Milind Patil, filed a writ petition seeking directions for the approval of her appointment proposal pending before the Deputy Director of Education, Pune Division, and the Pune Zilla Parishad. The court noted that the proposal required detailed verification and scrutiny by the second respondent. It ordered the second respondent to conduct a preliminary scrutiny by 15 May 2026, issue notice of any deficiencies within 7 days, allow the management to submit a revised proposal within 21 days, and render a reasoned order within 30 days of receiving the revised proposal. The court expressly refrained from expressing any opinion on the merits of the proposal. Consequently, the petition was disposed with these procedural directions.

Issues considered

  • Whether the court may direct the administrative authority to conduct a preliminary scrutiny of an appointment proposal within a specified timeline.
  • Whether the writ petition seeking such directions is maintainable.

Subjects

  • writ petition
  • appointment proposal
  • preliminary scrutiny
  • government education department
  • administrative law
  • directions

Judgment

                                                                           905-WP-4702-2026.odt



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION
   SONALI
   MILIND                               WRIT PETITION NO. 4702 OF 2026
   PATIL
Digitally signed by   Sanket Aakaram Kavade                               ….Petitioner
SONALI MILIND PATIL
Date: 2026.05.04
18:59:59 +0530                 Versus
                      The Dy. Director of Education
                      (Pune Division), Pune & Ors.                        ….Respondents



                      Mr. Saurabh Pakale a/w. Mr. Nilesh Desai i/b. Ms. Padmaja
                      Malgaonkar, for the Petitioner.
                      Mr. P. P. Kakade, Addl. GP a/w. Ms. P. M. Joshi- Deshpande, AGP
                      for the Respondent, State.
                      Mr. S. V. Gavand, for Respondent No.2, Zilla Parishad, Pune.


                                                CORAM : RAVINDRA V. GHUGE
                                                                  &
                                                        HITEN S. VENEGAVKAR, JJ.

                                                DATE      : 30th APRIL, 2026
                      P.C.:

                      1.            The learned Advocate Shri Gavand, who is on the Panel

                      of the Pune Zilla Parishad, is present in the Court Hall. Considering

                      that this Petition is filed purely for seeking directions, we requested

                      him to cause his appearance on behalf of the Zilla Parishad. It is in

                      these circumstances that he has appeared in the matter.




                      Sonali                            1 of 3
                                                      905-WP-4702-2026.odt



2.            The    Petitioner’s    proposal    forwarded     by     the

Management seeking approval to his appointment, is pending

adjudication with Respondent No.2. The learned Additional

Government Pleader submits that the pending proposal would be

decided on its own merits, after conducting a meticulous verification

and scrutiny, within a timeline as this Court may grant.



3.            In view of the above, this Petition is disposed off with

the following directions:

         a)   The   second    Respondent     would    make     a

         preliminary scrutiny of the said proposal on or

         before 15/05/2026.



         b)   After scrutiny, if he notices any deficiencies, he

         would issue a notice to the Management on their

         email address and communicate the deficiencies

         within 7 days.



         c)   Thereafter, the Management would be at liberty

         to tender a revised proposal, after removal of all

         deficiencies, within a period of 21 days.


Sonali                              2 of 3
                                                       905-WP-4702-2026.odt




         d)   After the second Respondent receives the

         revised proposal, a proper scrutiny and verification

         in accordance with the Rules, Policies and the

         Government Resolutions as may be applicable, shall

         be carried out and a reasoned order on the proposal

         would be passed within a period of 30 days.



4.            We make it clear that we have not expressed any

opinion upon the pending proposal and the concerned authority

would be at liberty to deal with the proposal on its merits.




(HITEN S. VENEGAVKAR, J.)                  (RAVINDRA V. GHUGE, J.)




Sonali                            3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.