Bombay High Court

PRAJAKTA ANIRUDDHA KALAS ALIAS PRAJAKTA SHANKAR KHATAVKARversusTHE STATE OF MAHARASHTRA THRU SECREATRY AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The court held that the petitioner’s appointment to the fully aided post must be approved as directed, and allowed the amendment to implead the Deputy Director of Education to consider the proposal.

Summary

The petitioner, appointed as an Assistant Teacher in 2011 to an unaided post that later became fully aided, challenged a 2024 advertisement for the same post. The High Court previously quashed the advertisement and directed the Education Officer to approve her appointment within 45 days. The respondents later submitted a proposal to include the petitioner in the Shalarth Pranali and sought approval from the Deputy Director of Education. The Court granted leave to amend the petition to implead the Deputy Director, ordered the school to forward the proposal within two weeks, and directed the Deputy Director to consider it within four weeks after a hearing. The writ petition was disposed of without costs.

Issues considered

Whether the advertisement for the Assistant Teacher post violated the petitioner's right to appointment after the post was converted to a fully aided position.
Whether the court can direct the Education Officer to approve the petitioner's appointment and include her in the Shalarth Pranali.
Whether amendment to implead the Deputy Director of Education as a respondent is permissible.

Subjects

appointment
aided post
education society
Shalarth Pranali
writ petition
amendment
education officer

Judgment

402_WP_6912_2026.ODT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6912 OF 2026

Prajakta Aniruddha Kalas
alias Prajakta Shankar Khatavkar ...Petitioner
Versus
The State of Maharashtra
thr. Secretary & Ors. ...Respondents
_______
Ms Sanika R. Said a/w Saima S. Shaikh, Shubham Sonawale, and Abhishek
Solunke, i/by Vinod P Sangvikar, for Petitioner.
Ms P.N. Diwan, AGP for Respondent - State.
_______

CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.

DATE: 31st AUGUST 2026

P.C.

1. Leave to amend to implead Deputy Director of Education, Mumbai Region,

as a party Respondent No.5 is granted. Amendment be carried out forthwith.

2. Heard Ms Sanika R. Said, learned counsel, appearing for the Petitioner and

Ms P.N. Diwan, learned AGP, appearing for the Respondent – State.

3. The Petitioner states that she was appointed as an Assistant Teacher for

Science by Respondent No. 3 – Education Society at Respondent No. 4 – School

by an appointment order dated 1 st July 2011, in the unaided division. The post to

which the Petitioner was appointed has since been converted to a fully aided post.

Respondent Nos. 3 and 4 issued an advertisement dated 12 th January 2024 on the

Pavitra Portal, inviting applications for the post of Assistant Teacher for the subject

of Science.

4. Aggrieved by this advertisement, the Petitioner filed Writ Petition No.

Page 1 of 2
402_WP_6912_2026.ODT

11936 of 2024 before this Court. By order dated 17 th July 2025, this Court

quashed and set aside the aforementioned advertisement dated 12 th January 2024

and directed Respondent No. 3 – Education Society to submit a proposal to the

Education Officer concerned for approval of the Petitioner’s appointment.

Furthermore, the Court instructed the Education Officer to decide on the matter

within 45 days of submission of the proposal.

5. By communication dated 15th October 2025, Respondent No. 2 –

Education Officer, approved Petitioner’s appointment to the fully aided post.

Thereafter, Respondent No. 4 – School, submitted a proposal dated 14 th November

2025 to Respondent No. 2 – Education Officer, seeking inclusion of Petitioner’s

name in Shalarth Pranali and consequently, grant of salary and other service

benefits, in accordance with the directions given in the Judgment and Orders dated

17th July 2025 passed by this Court in Writ Petition No. 11936 of 2024.

6. Considering the averments made in the Petition and the reliefs sought,

Respondent No. 4 – School to forward the proposal dated 14 th November 2025,

seeking inclusion of Petitioner’s name in Shalarth Pranali, to Respondent No. 5 –

Deputy Director of Education within a period of 2 weeks from today. Respondent

No. 5 shall consider the proposal dated 14 th November 2025, submitted by

Respondent No. 4, within a period of 4 weeks from the date of receipt of the said

proposal, after affording an opportunity of hearing to all concerned parties.

7. Keeping all the contentions open in that regard, the Writ Petition stands

disposed of. No costs.

(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
PRASAD
RAJENDRASING
RAJPUT

Digitally signed by
PRASAD
Page 2 of 2
RAJENDRASING
RAJPUT Prasad
Date: 2026.09.01
19:51:37 +0530

Continue reading with your account

Checking your session…