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Bombay High Court

SHAGUFTA BASHIR MUJAWAR AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal
Disposed Off

Holding

Since the petitioner’s appointment as a teacher is approved, the Deputy Director must grant the Shalarth ID and related benefits.

Summary

The petitioners challenged an order of the Deputy Director of Education, Kolhapur Division, which rejected a proposal on the ground that the petitioner had not produced a minority status certificate. The petitioners relied on a prior judgment (Writ Petition No.11856 of 2024) that held an approved teacher’s status is sufficient to obtain a Shalarth ID for salary payment. The court noted that the petitioner’s appointment as a teacher had been approved by the Education Officer, Zilla Parishad, Sangli. Relying on the earlier decision, the court directed the Deputy Director to grant the Shalarth ID within 15 days and to provide all consequential benefits, including payment of arrears. The writ petition was disposed in favour of the petitioners with no order as to costs.

Issues considered

  • Whether the Deputy Director's rejection of the proposal for lack of a minority status certificate is valid.
  • Whether approval of a teacher’s appointment suffices for the grant of a Shalarth ID.
  • Whether the petitioner is entitled to salary payments and arrears without the minority status certificate.

Subjects

  • minority status
  • Shalarth ID
  • teacher appointment
  • salary payment
  • writ petition
  • education department

Judgment

                                                         948-WP-795-2026 (C).doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 795 OF 2026

Shagufta Bashir Mujawar And Ors                       ...Petitioners
      VERSUS
The State Of Maharashtra And Ors                      ...Respondents

                              ——————
Mr. Gajraj A. Mali a/w. Mr. Chetan Patil i/b. Mr. Bhushan Jadhav,
Advocate for the petitioners.

Mr. Siddheshwar Kalel, AGP for respondents-State.
                             ——————

                                    Coram :      Madhav J. Jamdar &
                                                 Pravin S. Patil, JJ.

                                    Date     :   April 8, 2026.

P. C. :

1.        Heard Mr. Gajraj Mali, learned counsel for the Petitioner, and the

learned AGP for the Respondent–State.

2.        The present Writ Petition challenges the order dated 13th August

2025 passed by the Deputy Director of Education, Kolhapur Division,

Kolhapur, whereby the proposal forwarded by the Education Officer

(Secondary), Zilla Parishad, Sangli, came to be rejected on the ground

that the Petitioner had not produced a certificate showing that the

institution had been granted minority status.




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3.    Learned counsel for the Petitioners relies upon the order dated

18th November 2024 passed by the Coordinate Bench of this Court in

Writ Petition No.11856 of 2024.

4.    He submits that the foundation for grant of Shalarth ID is the

approval granted to the teacher and, therefore, the impugned order

deserves to be quashed and set aside.

5.    The relevant portion of the said order dated 18th November 2024

reads thus:

          “1.      The Petitioner is undisputedly an approved
          teacher. Approval having been granted, is the
          foundation for grant of the Shalarth -ID so as to make
          the salary payments through the Shalarth Portal. It is
          beyond debate that without a Shalarth-ID, a teacher
          cannot be paid the monthly salary.
          2. In view of the above and as the approval of the
          Petitioner has not been called in question by any
          Competent Authority empowered to do so, we direct
          Respondent No.2 to grant the Shalarth -ID to the
          Petitioner within a period of 15 days from today.
          Thereafter, the payment of salary shall follow through
          the Shalarth Portal. Arrears of salary on account of
          non-allocation of the Shalarth ID, shall be calculated
          by the concerned Authorities and the payment shall be
          made within a period of 60 days from today.
          3.       With the above directions, this Writ Petition is
          disposed off.”

      The reasons recorded in the aforesaid order are squarely applicable

to the present case.

6.     It is undisputed that the Petitioner No.1 is an approved teacher



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and her appointment has been approved by order dated 25th April 2025

passed by the Education Officer (Secondary), Zilla Parishad, Sangli.

7.     In view thereof, since the appointment of the Petitioner No.1

stands approved, we direct Respondent No.2 – Deputy Director of

Education, Kolhapur Division, Kolhapur, to grant Shalarth ID to the

Petitioner No1 within a period of 15 days from today, along with all

consequential benefits.

8.     The Writ Petition is disposed of in the aforesaid terms. There shall

be no order as to costs.

[Pravin S. Patil, J.]                             [Madhav J. Jamdar, J.]




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