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Bombay High Court

SIDDHI SANDIP KARIWADEKARversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS

Disposal
Disposed Off

Holding

The order rejecting the petitioner's appointment is quashed to the extent it was made without granting an opportunity to cure the identified deficiencies.

Summary

The petitioner, Siddhi Sandip Kariwadekar, challenged the rejection of his appointment as a part‑time teacher by the Education Officer on 20 September 2022, alleging that he was not given a chance to remedy the deficiencies cited. The respondents argued that the deficiencies were of a nature that could not be cured, justifying the rejection. The Court examined whether the procedural requirement of granting an opportunity to cure deficiencies had been complied with. Finding that no such opportunity was afforded, the Court held that the order should be set aside to the extent it rejected the proposal. The Court directed that the petitioner be given four weeks to cure the deficiencies, after which the Education Officer must decide within two weeks, and if approved, the Deputy Director of Education must issue the requisite ID within three weeks. The petition was disposed with these directions.

Issues considered

  • Whether the rejection of the petitioner's appointment without an opportunity to cure alleged deficiencies violates principles of natural justice
  • Whether the order of the Education Officer can be quashed on procedural grounds

Subjects

  • appointment
  • part‑time teacher
  • procedural fairness
  • opportunity to be heard
  • administrative law
  • quash order

Judgment

                                                                               21-WP-867-2025(C).doc


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

                                             WRIT PETITION NO. 867 OF 2025

                        Siddhi Sandip Kariwadekar                               ...Petitioner
                                  Versus
                        The State of Maharashtra and Others                     ...Respondents

                                                      ——————
                        Mr. Prashant Bhavake, for the Petitioner.
                        Mr. A. I. Patel, Addl. G.P. a/w Ms. Tejas J. Kapre, AGP for the Respondent-
                        State.
                                                        ——————
                                                          Coram : Sharmila U. Deshmukh &
                                                                      Neeraj P. Dhote, JJ.

                                                         Date     : August 17th , 2026.

                        P. C. :

                        1.        The grievance of the Petitioner is that without giving an

                        opportunity to the Management to cure the deiciency, the proposal for

                        appointment of the Petitioner as a part-time teacher came to be

                        rejected on 20th September, 2022.

                        2.        Learned AGP would submit that certain deiciencies which are

                        noted in the order dated 20 th September, 2022 cannot be cured by the

                        Management and by reason thereof, the proposal has been rejected.

                        3.        The impugned order would indicate that the Education Oicer

                        has listed several deiciencies and has rejected the proposal on the
           Digitally
           signed by
           SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT    JAMADAR
JAMADAR    Date:
           2026.08.17
           18:20:10
           +0530

                        Jamadar-SL                       1 of 2
                                                         21-WP-867-2025(C).doc


ground of such deiciency, and there are no reasons and no discussion

to indicate that the proposal is rejected on the ground of the Petitioner

not being entitled to approval. As no opportunity was given to the

Management to cure the deiciency, it would be appropriate to quash

and set aside the order dated 20 th September, 2022 to the extent that it

rejects the proposal. As the deiciencies have been noted in the order

dated 20th September, 2022, an opportunity is given to the Petitioner

and the Management to cure the deiciencies within a period of four

weeks from today.

4.     In the event that the deiciencies are cured, the Education Oicer

to take a decision on the Petitioner's proposal within a period of two

weeks thereafter.

5.     In the event that the proposal is approved, the Deputy Director of

Education to issue the Shalarth ID to the Petitioner within a period of

three weeks thereafter.

6.     The Petition is disposed of in the above terms.




 [Neeraj P. Dhote, J.]                      [Sharmila U. Deshmukh, J.]




Jamadar-SL                       2 of 2


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