Sonali Vitthal Choudhari Vs State of Maha. Thr. Sec. School Education Dept. and Ors. — Bombay HC (2025) — LawSathi Research

Sonali Vitthal Choudhari Vs State of Maha. Thr. Sec. School Education Dept. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 17 April 2023 quashed and set aside; Management's proposal directed to be considered afresh on its own merits in accordance with law within eight weeks; deficiencies, if any, to be communicated and cured within two weeks; Shalarth I.D. to be issued to the Petitioner upon approval.

Issue for consideration

Whether the impugned order dated 17 April 2023, passed only on the ground that Rule 41A of the Rules of 1981 had been stayed by the Circular dated 1 December 2022, can stand in view of the Nagpur Bench decision in Friends Social Circle setting aside that Circular for want of power.

Court's answer

In light of the view taken by this Court (Nagpur Bench) in Friends Social Circle, the impugned order dated 17 April 2023 deserves to be quashed and set aside and is accordingly quashed and set aside.

Ratio / Principle

The proposal made by the Management, which was the subject matter of the impugned order, is to be considered afresh on its own merits and in accordance with law within a period of eight weeks from the date of communication of this order.

Key takeaways

If there are any deficiencies in the proposal, the same may be communicated to the Management expeditiously.ratio¶¶19
The Management shall cure any communicated deficiencies within a period of two weeks from the date of communication of the deficiencies.ratio¶¶19
In the event the proposal is approved, the Shalarth I.D. is to be issued to the Petitioner expeditiously.ratio

Detailed headnote1 paragraphs

Writ Petition disposed of by the Bombay High Court (Circuit Bench at Kolhapur), Coram M. S. Karnik & Ajit B. Kadethankar, JJ., on 7 November 2025. Following the Division Bench decision of the Nagpur Bench in Friends Social Circle, Akola v. State of Maharashtra, W.P. No. 8215 of 2022 and connected petitions (decided 21 July 2023), wherein para 13(i) held that the Circular dated 1 December 2022, to the extent it stayed Rule 41A of the Rules of 1981, was set aside for want of power with Respondent No.1, this Court quashed the impugned order dated 17 April 2023 which had been passed solely on the ground of that Circular. The Management's proposal, the subject matter of the impugned order, was directed to be considered afresh on its own merits and in accordance with law within eight weeks of communication of the order; deficiencies were to be communicated expeditiously and cured within two weeks; and upon approval the Shalarth I.D. was to be issued to the Petitioner expeditiously.

908-Wp-11452-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 11452 OF 2025

Ms. Sonali Vitthal Choudhari … Petitioner Versus The State of Maharashtra & Ors. … Respondents

Mr. Vinayak Kumbhar i/b. Ms. Ashwini Bandiwadekar for the Petitioner. Mr. S.B. Kalel, A.G.P. for the Respondent Nos.1 to 3-State. Mr. Sagar Mane for Respondent Nos.4 & 5.

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Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : 7^th November 2025.

P. C. :

1. Learned counsel for the Petitioner has invited our attention to the

decision of the Division Bench of this Court (Nagpur Bench) dated 21^st July 2023 passed in the case of Friends Social Circle, Akola & Ors. Vs. State of Maharashtra & Ors., in Writ Petition No. 8215 of 2022 and other connected Petitions. This Court has in para No.13(i) clearly held that the Circular dated 1^st December 2022 to the extent it stays the operation of Rule 41A of the Rule of 1981 is set aside for want of power with the

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908-Wp-11452-2025.doc

Respondent No.1 to do so.

2. The impugned order dated 17^th April 2023 in the present case is passed only on the ground that the Rule 41A of the Rule of 1981 has been stayed by the aforesaid Circular.

3. In the light of the view taken by this Court (Nagpur Bench) in Friends Social Circle, Akola & Ors. Vs. State of Maharashtra & Ors. (supra), the impugned order dated 17^th April 2023 deserves to be quashed and set-aside and is accordingly quashed and set-aside.

4. The proposal made by the Management, which is the subject matter of the impugned order be considered afresh on its own merits and in accordance with law within a period of eight weeks from the date of communication of this order.

5. In the event, if there are any deficiencies in the proposal, the same may be communicated to the Management expeditiously. The Management, in turn, within a period of two weeks from the date of communication of the deficiencies shall cure the same.

6. In the event, the said proposal is approved, Shalarth I.D. be issued to the Petitioner expeditiously.

7. Petition is disposed of in above terms.

Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2025.11.07 19:15:31 +0530

[ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ]

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