Dapoli Education Soc. Thr. President and Ors. Vs the State of Maha. Thr. Sec. School Education and Sports Dept. and Ors. — Bombay HC (2025) — LawSathi Research

Dapoli Education Soc. Thr. President and Ors. Vs the State of Maha. Thr. Sec. School Education and Sports Dept. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

All Writ Petitions disposed of with directions: impugned order treated as show-cause-notice; Management to submit explanation / cure deficiencies within two weeks; additional deficiencies, if any, to be communicated with opportunity to cure and entire exercise completed within eight weeks; upon grant of approval, Respondent No.4 to allot Shalarth I.D. to Petitioner No.3 expeditiously.

Issue for consideration

Whether the rejection by the Education Officer (Secondary), Zilla Parishad, Ratnagiri of the proposals seeking approval of appointments, without issuing a show-cause-notice or granting the Petitioners/Management an opportunity to cure the deficiencies, warrants interference.

Court's answer

Since no opportunity was given to the Management to cure the deficiencies, the impugned order is treated as show-cause-notice to the Petitioners/Management, who shall submit their explanation / cure the deficiencies within two weeks.

Ratio / Principle

Any additional deficiencies noticed by Respondent No.5 are to be communicated to the Management with an opportunity to cure them, and the entire exercise is to be completed within eight weeks.

Key takeaways

In the event approval is granted by Respondent No.5, Respondent No.4 is to allot the Shalarth I.D. to Petitioner No.3 expeditiously.ratio¶42

Detailed headnote1 paragraphs

Service law / education — Approval of appointments — Rejection of proposals by Education Officer (Secondary), Zilla Parishad, Ratnagiri on ground of deficiencies without show-cause-notice or opportunity to cure — State's A.G.P. fairly conceded no such opportunity was given — Bombay High Court (Kolhapur Bench) directed that the impugned order be treated as show-cause-notice; Management to explain / cure deficiencies within two weeks; any additional deficiencies to be communicated with opportunity to cure and entire exercise completed within eight weeks; on approval being granted, Respondent No.4 to allot Shalarth I.D. to Petitioner No.3 expeditiously — All Writ Petitions (Nos. 4983, 5019, 4984, 5014 and 4999 of 2023) disposed of with these directions (Per Sharmila U. Deshmukh, J.; Coram: M. S. Karnik & Sharmila U. Deshmukh, JJ.) — decided 29 September 2025.

41-Wp-4983-2023.doc

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

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4983 OF 2023

Dapoli Education Society & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents

WITH

WRIT PETITION NO. 5019 OF 2023

Dapoli Education Society & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents

WITH

WRIT PETITION NO. 4984 OF 2023

Dapoli Education Society & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents

WITH

WRIT PETITION NO. 5014 OF 2023

Dapoli Education Society & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents

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41-Wp-4983-2023.doc

WITH

WRIT PETITION NO. 4999 OF 2023

Dapoli Education Society & Ors. … Petitioners

Versus

The State of Maharashtra & Ors.

… Respondents

Mr. Utkarsh Desai i/b. Mr. Prashant Bhavake for the Petitioner. Mr. S.B. Kalel, A.G.P. for the Respondent-State.

——————

Coram : M. S. Karnik &

Sharmila U. Deshmukh, JJ.

Date : 29^th September 2025.

ORDER ( Per : Sharmila U. Deshmukh, J.)

1. Heard Mr. Desai, learned counsel for the Petitioner and Mr. Kalel, learned A.G.P. for the Respondents-State.

2. In these group of Petitions, the challenge is to the impugned order passed by the Respondent No.5-Education Officer (Secondary), Zilla Parishad, Ratnagiri, rejecting the proposals submitted seeking approvals for appointment of the Petitioners, without granting an opportunity to the Petitioners / Management to cure the deficiencies.

3. Learned counsel for the Petitioners has drawn attention of this

Court to the impugned Order of the Respondent No.5, listing the deficiencies and rejecting the approvals on the ground of the deficiencies.

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41-Wp-4983-2023.doc

He submits that no show-cause-notice was issued and no opportunity was given to the Management to cure the deficiencies.

4. Learned A.G.P. fairly concedes that no opportunity was given to cure the deficiencies, which formed the reason for rejection of the proposals.

5. As there was no opportunity given to the Management to cure the deficiencies, it would be appropriate if the impugned order is treated as show-cause-notice to the Petitioners/Management. The Management to submit its explanation / cure the deficiencies within a period of two weeks from today.

6. In event, there are any additional deficiencies noticed by the Respondent No.5, the same to be communicated to the Management and opportunity be given to cure the deficiencies. The entire exercise to be completed within a period of eight weeks from today.

7. All Writ Petitions are disposed of with directions as above.

8. In event, the approval is granted by the Respondent No.5, the Respondent No.4 to allot the Shalarth I.D. to the Petitioner No.3 expeditiously.

[ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ]

Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2025.09.30 10:26:12 +0530

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