Sarita Shankar Khatate Vs the State of Maharashtra through the Secretary School Education and Sports Department — Bombay HC (2025) — LawSathi Research

Sarita Shankar Khatate Vs the State of Maharashtra through the Secretary School Education and Sports Department — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: Respondent No.4-Deputy Director to accept and acknowledge the proposal to be submitted by Respondent No.5-Educational Institute within two weeks; reasons for any deficiency or non-acceptance to be communicated to the Petitioner; proposal to be decided on its own merits within 12 weeks of submission with deficiencies communicated to the Management and opportunity to rectify; upon grant of approval, Respondent No.2 to issue the Shalarth I.D. to the Petitioner.

Issue for consideration

Whether the Respondent No.4-Deputy Director can be directed to accept and acknowledge the proposal for individual approval to the appointment of the Petitioner in the post of Shikshan Sevak.

Court's answer

The Petition can be disposed of by directing the Respondent No.4-Deputy Director to accept and acknowledge the proposal which the Respondent No.5-Education Institute shall submit within two weeks; if there is any deficiency in the proposal or any reason for not accepting it, the Deputy Director of Education shall communicate the reason(s) to the Petitioner.

Ratio / Principle

The proposal submitted by Respondent No.5-Educational Institute and Respondent No.6-Junior College shall be decided on its own merits within 12 weeks from the date of submission, and any deficiencies shall be communicated to the Management with an opportunity to rectify them.

Key takeaways

In the event approval is granted, the Shalarth I.D. shall be issued by Respondent No.2 to the Petitioner.ratio¶23

Detailed headnote1 paragraphs

Writ Petition (Bombay High Court, Circuit Bench at Kolhapur) disposed of on the grievance that the Deputy Director of Education was refusing to accept and acknowledge the proposal for individual approval to the Petitioner's appointment as Shikshan Sevak. The Court directed the Deputy Director to accept and acknowledge the proposal to be submitted by the Educational Institute within two weeks, and to communicate any deficiency or reason for non-acceptance to the Petitioner. The proposal is to be decided on its own merits within 12 weeks of submission, with deficiencies communicated to the Management along with an opportunity to rectify. Upon grant of approval, Respondent No.2 is to issue the Shalarth I.D. to the Petitioner.

919-Wp-3257-2025.doc

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

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3257 OF 2025

Sarita Shankar Khatate … Petitioner

Versus

The State of Maharashtra & Ors. … Respondents

Mr. Utkarsh Desai i/b. Mr. Prashant Bhavake for the Petitioner. Ms. T.J. Kapre, A.G.P. for the Respondent-State.

——————

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : 16^th December 2025.

P. C. :

1. The grievance of the Petitioner is that the Respondent No.4-Deputy Director is refusing to accept and acknowledge the proposal, which is sought to be submitted by the Respondent No.5-Educational Institute and the Principal of Respondent No.6-Junior College for individual approval

to the appointment of the Petitioner in the post of Shikshan Sevak.

2. Learned A.G.P. seeks some time to take instructions and opposed

the Petition.

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919-Wp-3257-2025.doc

3. However, in our opinion, this Petition can be disposed of by directing the Respondent No.4-Deputy Director to accept and acknowledge the proposal which the Respondent No.5-Education Institute shall submit within a period of two weeks from today. If, for any reason, there is any deficiency in the said proposal, or if there exists any reason for not accepting the proposal, the Deputy Director of Education shall communicate the reason(s) to the Petitioner.

4. The proposal submitted by the Respondent No.5-Educational Institute and the Respondent No.6-Junior College be decided on its own merits within a period of 12 weeks from the date of submission of such proposal. Any deficiencies shall be communicated to the Management, with an opportunity to rectify the same.

5. Petition is disposed of in aforesaid terms.

6. In the event the approval is granted, the Shalarth I.D. shall be

issued by Respondent No.2 to the Petitioner.

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

Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2025.12.17 14:48:09 +0530

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