THE HEADMASTER SADGURU NARAYANGIRI VIDYALAYA VIRGAON AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

2026:BHC-AUG:43177-DB

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                       WRIT PETITION NO.6294 of 2026

                        1.      The Headmaster,
                                Sadguru Narayangiri Vidyalaya,
                                Virgaon,Tq. Vaijapur,
                                Dist. Chh. Sambhajinagar.

                        2.      Kisan Yashwant Atre,
                                Age: 49 years, Occu.: Service,
                                R/o. Virgaon, Tq. Vaijapur,
                                Dist. Chh. Sambhajinagar.             ...Petitioners

                                       VERSUS

                        1.      The State of Maharashtra,
                                Through its Secretary,
                                School Education Department,
                                Government of Maharashtra,
                                Mantralaya, Mumbai-32

                        2.      The Deputy Director of Education,
                                 Chh. Sambhajinagar.

                        3.      The Education Officer (Secondary),
                                 Zilla Parishad, Chh. Sambhajinagar. ...Respondents

                                                    …
                        Mr. Chandrakant K. Shinde, Advocate for the Petitioners.
                        Mr. S. K. Tambe, AGP for the State

                                                      ...

                                 CORAM                : NITIN B. SURYAWANSHI
                                                        AND
                                                        ABASAHEB D. SHINDE, JJ.
                                 RESERVED ON   : 18.08.2026
                                 PRONOUNCED ON : 23.09.2026



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JUDGMENT (Per Abasaheb D. Shinde J.) :-

1.      Rule. Rule made returnable forthwith. With the

consent of the parties, the Writ Petition is heard finally at

the stage of admission.

2.      By the present Writ Petition filed under Article 226

of the Constitution of India, the Petitioners have put forth

the following main prayers :

        B) It be held and declared that, the promotion order dated
        01/06/2025 promoting the petitioner no. 2 from the post of
        Sevak/Peon to Assistant Teacher is legal and proper, hence,
        deserves to be granted approval by the respondent no. 3 - the
        Education Officer (Secondary), Zilla Parishad, Chhatrapati
        Sambhajinagar.

        C) By issue of writ of mandamus or any other appropriate
        writ, order or direction in the like nature, the respondent no. 3
        - the Education Officer (Secondary), Zilla Parishad,
        Chhatrapati Sambhajinagar may kindly be directed to grant
        approval to the promotion of the petitioner no. 2 as an
        Assistant Teacher and release his monthly salary.

       D) By issue of writ of certiorari or any other appropriate writ,
       order or direction in the like nature, the impugned order dated
       04/09/2025 issued by the respondent no. 3 - the Education
       Officer (Secondary), Zilla Parishad, Chhatrapati Sambhajinagar
       and order dated 23/04/2026 issued by the respondent no. 2 -
       the Deputy Director of Education, Chhatrapati Sambhajinagar,
       may kindly be quashed and set aside in the interest of justice.


FACTUAL MATRIX :

3.      It is the case of the Petitioners that, Petitioner No. 1

is the Headmaster of Sadguru Narayangiri Vidyalaya,

Virgaon, Tq. Vaijapur, Dist. Chhatrapati Sambhajinagar,


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which is a secondary school run and administered by a

private management. Petitioner No. 2 possesses the

qualification of BA. B.Ed. and was initially appointed as a

Peon in the Petitioner No. 1 - School w.e.f. 01.07.1996, on

probation. Upon completion of the probation period, his

services were confirmed as a permanent employee on a no-

grant-aid basis. Respondent No. 3 granted approval to his

permanent appointment vide order dated 27.08.2009.

Respondent No.2 has also issued a Shalarth ID in his

favour.


4.      It is further the case of the Petitioners that one

Assistant Teacher, namely, Sayyad Majak Begubhai, serving

in the said School, superannuated on 31.05.2025. The

School Management, in its meeting dated 23.06.2025,

resolved to promote Petitioner No. 2 to the said post by

virtue of Clause 8 of the Government Resolution dated

10.06.2005 (for short hereinafter called as “Government

Resolution of 2005”). Accordingly, the Management

promoted Petitioner No.2 as an Assistant Teacher w.e.f

01.06.2025. The Management submitted a proposal

seeking approval of the said promotion to Respondent No.

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3 on 09.07.2025.


5.      Respondent No. 3, by the impugned order, rejected

the said proposal thereby refusing to grant approval to the

promotion of Petitioner No. 2 on the ground that the post

on which Petitioner No. 2 was promoted ought to have

been filled through the Pavitra Portal.


6.      Being aggrieved by the said decision, Petitioner No.

2 preferred an appeal before the Divisional Grievance

Redressal Committee headed by Respondent No. 2 - the

Deputy Director of Education. Upon hearing the parties,

Respondent No. 2, vide order dated 23.04.2026, remanded

the proceedings to Respondent No. 3 for decision afresh in

accordance with the Government Resolution of 2005 and

the Government Resolution dated 25.03.2026 (for short

hereinafter called as “Government Resolution of 2026”).

The Petitioners, therefore, have approached this Court.

SUBMISSIONS :-

7.      Learned Counsel for the Petitioners submits that,

Petitioner No. 2 is duly qualified for being promoted to the

post of Assistant Teacher and was accordingly promoted



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after following the due procedure of law. He further

submits that, when Petitioner No. 2 was promoted, the

Government Resolution of 2005 was in vogue, which

provides for promotion of an employee from a non-

teaching post to a teaching post. Since the said promotion

is not a fresh appointment, the same need not be made

through the Pavitra Portal. He further submits that, the

Appellate Authority was also not justified in remanding the

matter back in view of the Government Resolution of 2026.

He has placed reliance on the orders passed by the

Coordinate Bench of this Court in Writ Petition No. 3167 of

2019, as well as by the Nagpur Bench in Writ Petition No.

7706 of 2022, to contend that promotion from a non-

teaching post to a teaching post is permissible. He

therefore,     urged   that   the   impugned   orders    are

unsustainable and deserve to be quashed and set aside.


8.      Per contra, learned AGP supported the impugned

orders.


CONSIDERATION :-

9.      We have heard learned Counsel for the Petitioners

and learned AGP and have perused the record.

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10.     It is pertinent to note that the Government

Resolution of 2005 was issued for implementation of the

scheme of Shikshan Sevak in private aided Secondary and

Higher Secondary Schools as well as Junior Colleges.

Clause 8 of the said Government Resolution, which permits

promotion from a non-teaching post to a teaching post,

reads thus :-

      "८. शिक्षकेतर कर्मचाऱ्याने माध्यमिक शिक्षकांसाठी वा कनिष्ठ महाविद्यालयीन
      शिक्षकांसाठी आवश्यक ती शैक्षणिक अर्हता प्राप्त केली आणि जर त्या संवर्गाचे पद
      माध्यमिक शाळे त वा उच्च माध्यमिक शाळे त/ कनिष्ठ महाविद्यालयात उपलब्ध असेल
      तर, अशा प्रकरणी सदरहू शिक्षकेतर कर्मचाऱ्यास शिक्षणसेवक म्हणूनच नियुक्ती
      द्यावी लागेल व त्यांना शिक्षणसेवकांचेच मानधन आणि इतर सर्व अटी व शर्ती लागू
      होतील. मात्र अशा शिक्षकेतर कर्मचाऱ्याची पूर्वीची सेवा ही सेवानिवृत्ती वेतनासाठी
      ग्राह्य धरता येईल.”



11.     Admittedly, Petitioner No. 2 was promoted to the

teaching post when the aforesaid Government Resolution

was in vogue. Consequently, the promotion of Petitioner

No. 2 is required to be considered in accordance with the

Government Resolution of 2005.



12.     Having held that Petitioner No. 2 is entitled to derive

the benefits available under Clause 8 of the Government

Resolution of 2005, it is necessary to examine the nature

and effect of the said provision. The said Clause

contemplates a promotional avenue to an employee

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belonging to the non-teaching staff. The said Clause fell for

consideration before this Court on several occasions, and

more particularly in the case of Usha Baliram Masal Vs.

Hind Seva Mandal (Writ Petition No.3167 of 2019) decided

on 30.09.2019, wherein this Court observed thus:

      5. The petitioner is seeking benefit of Government Resolution
      dated 10.06.2005, though the statute does not prescribe
      promotional channel from non-teaching to teaching staff,
      however, the State through it's School Education and Sports
      Department, Mantralaya,Mumbai has issued Government
      Resolution dated 10.06.2005. Clause 8 of the said Government
      Resolution reads thus-

      "८. शिक्षकेतर कर्मचा-याने माध्यमिक शिक्षकांसाठी वा कनिष्ठ महाविद्यालयीन शिक्षकांसाठी
      आवश्यक ती शैक्षणिक अर्हता प्राप्त केली अणि जर त्या संवर्गाचे पद माध्यमिक शाळे त वा
      उच्च माध्यमिक शाळे त / कनिष्ठ महाविद्यालयात उपलब्ध असेल तर, अशा प्रकरणी सदरहू
      शिक्षकेतर कर्मचा-यास शिक्षणसेवक म्हणूनच नियुक्ती द्यावी लागेल व त्यांना
      शिक्षणसेवकांचेच मानधन आणि इतर सर्व अटी व शर्ती लागू होतील. मात्र अशा शिक्षकेतर
      कर्मचा-याची पूर्वीची सेवा ही सेवानिवृत्ती वेतनासाठी ग्राहय धरता येईल."

             Reading the said clause, it is manifest that a non-
      teaching employee after acquiring the qualification can be
      appointed as 'Shikshan Sevak' in the secondary school or the
      junior college and his earlier services shall be counted for the
      purpose of pension. The only rider is that he is to be appointed
      as 'Shikshan Sevak' and he would be paid honorarium as
      applicable to 'Shikshan Sevak'.

      6.     The Clause 8 read as it is, is in the nature of providing a
      promotional avenue to an employee of non-teaching staff. The
      Clause 8 clarifies that earlier services shall be counted for the
      purpose of pensionary benefits. It would not be a case of an
      appointment afresh but promoting a person from the non-
      teaching staff though as 'Shikshan Sevak.


13.     Relying upon the judgment of Usha Baliram Masal

(supra) the Coordinate Bench of this Court at Nagpur in

the case of Shri. Suhas s/o Rangraoji More Vs. State of



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Maharashtra and Others (Writ Petition No.7706 of 2022)

has taken a similar view. The relevant observations of the

said judgment read thus :-

       “16. In this regard, it needs to be noted that the
       petitioner was appointed as a Peon on a regular permanent
       post. His promotion as Shikshan Sevak deprives him of the
       pay scale as well as other service benefits that he enjoyed
       in the post of lower grade. Evidently, such promotion does
       not enhance his prospect but severally prejudices his
       interest in every way. This anomaly can only be obliterated
       by treating the promotional post as that of the Assistant
       Teacher and by granting regular pay scale and other service
       benefits enjoyed by Assistant Teacher, albeit, the
       promotional post is termed as Shikshan Sevak.

       21.     Under the circumstances, it is held that (i) Clause 8
       of G.R. dated 10.06.2005, which stipulates promotion of
       non teaching staff as Shikshan Sevak on payment of
       honorarium is arbitrary and discriminatory. (ii) The
       petitioner is entitled to be appointed as Assistant Teacher
       with the prescribed pay scale at par with pay scale of other
       similarly placed promotees. (iii) Respondent No.5 -
       Management to modify the appointment order dated
       29.10.2021 to the extent of appointing/promoting the
       petitioner as Assistant Teacher instead of Shikshan Sevak.
       (iv) Respondent No.5 – Management, is directed to submit
       the proposal to respondent No.4 for approval of
       appointment/promotion of the petitioner as Assistant
       Teacher with pay scale of Assistant Teacher within four
       weeks from the date of the order. (v) Respondent No.4 to
       consider the same as expeditiously as possible in any event
       within four weeks from the date of the receipt of the
       proposal.”

14.     In view of the aforesaid legal position, the promotion

of Petitioner No. 2 from the post of Peon to that of

Assistant Teacher constitutes a promotion and not a fresh

appointment, therefore, the concept of the Pavitra Portal

would not be applicable. The promotion of Petitioner No.


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2, therefore, deserves to be approved.

15.     As far as the order passed by the Appellate Authority

is concerned, the said Authority has remanded the matter

to the Respondent No.3 for fresh consideration in view of

the Government Resolution of 2026. However, in our view,

the said Government Resolution of 2026 cannot be made

applicable retrospectively to the petitioner’s case, since the

promotion of Petitioner No.2 was pursuant to the

Government Resolution of 2005. In such circumstances, the

remand of the matter for reconsideration on the basis of

the subsequent Government Resolution is unwarranted. We

are, therefore, inclined to set aside the order passed by the

Appellate Authority.


16.     In view of aforesaid discussion, we find that the

impugned orders are unsustainable. We are, therefore,

inclined to allow this Writ Petition. In the result, we pass

the following order.


                          :: ORDER ::

       (i)     Writ Petition is allowed in terms of prayer

       Clauses – B, C and D.

       (ii)    Respondent No. 3 shall undertake the exercise

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       of granting approval to the promotion of Petitioner

       No. 2 as an Assistant Teacher and release his salary

       within a period of three (3) months from the date of

       receipt of a copy of this order.

       (iii)   Rule is thus made absolute in the above terms.




(ABASAHEB D. SHINDE, J.)            (N. B. SURYAWANSHI, J. )




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