Sarvoday Shikshan Prasarak Mandal Shirol Thr Its President and Ors. v. the State of Maharashtra Thr the Secretary and Ors.
Case brief
What is this about?
Minority educational institution; individual approval; Education Officer (Secondary), Zilla Parishad, Kolhapur; rejection order dated 20.10.2022; prior approval before issuance of advertisement; Government Resolution dated 6th February 2012 not mandatory for minority institutions; Ground No. 1 not tenable; ban on recruitment under various Government Resolutions (Ground No. 8); no opportunity to rectify deficiencies; Items 2 to 8 treated as show cause notice; response within two weeks; reasoned order within eight weeks; Shalarth ID; Respondent No. 4; all contentions kept open; Maharashtra; Kolhapur Circuit Bench; writ petition disposed of; WP 5032 of 2023; counsel: Prashant Bhavake; T. J. Kapre AGP; bench: M. S. Karnik and Ajit B. Kadethankar, JJ.; decision date 03-11-2025.
What did the court decide?
Ground No. 1 of the impugned order held not tenable; Item Nos. 2 to 8 of the impugned order to be treated as a show cause notice, with the Petitioner No. 1-Management to respond within two weeks; Education Officer (Secondary) to pass a reasoned order on the individual approval proposal within eight weeks of receiving the clarification; all contentions kept open; if the proposal is approved, Shalarth ID to be issued expeditiously by Respondent No. 4; Petitioners at liberty to place relevant case law on record.