Prakash Vitthal Mohite vs the State of Maharashtra Thr Its Secretary Education Department and Ors. — Bombay HC (2025) — LawSathi Research

Prakash Vitthal Mohite vs the State of Maharashtra Thr Its Secretary Education Department and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the orders dated 17th October, 2024 and 24th March, 2025; direction to respondent No.3 – Deputy Director of Education to grant approval of the petitioner’s appointment as “Assistant Teacher” subject to fulfilment of other conditions; provision of Shalarth I.D.; completion of the approval process within eight weeks.

Issue for consideration

Whether the refusal of approval of the petitioner’s appointment as an “Assistant Teacher”, on the sole ground that the appointment was not made through the Pavitra Portal, was sustainable when the petitioner had been appointed before the Portal became functional.

Court's answer

Since the petitioner was appointed prior to the Pavitra Portal becoming functional, respondent No.3 – The Deputy Director of Education, Pune Division, Pune could not have declined approval to the petitioner’s appointment as “Assistant Teacher”.

Ratio / Principle

The impugned orders dated 24th March, 2025 and 17th October, 2024 of respondent No.2 (Divisional Secretary, Pune Divisional Board) and respondent No.3 (Deputy Director of Education, Pune Division) refusing approval were rendered vulnerable and stand quashed.

Key takeaways

Respondent No.3 – Deputy Director of Education is directed to grant approval to the petitioner’s appointment as “Assistant Teacher”, subject to the petitioner fulfilling other conditions.ratio¶23
After granting the approval, a Shalarth I.D. is to be provided to the petitioner.ratio¶24
The process of approval is to be completed within eight weeks from the date of the order.ratio

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT BOMBAY, CIRCUIT BENCH AT KOLHAPUR (Civil Appellate Jurisdiction) — Writ Petition No. 8906 of 2025 — Prakash Vitthal Mohite v. The State of Maharashtra and others — Coram: M.S. Karnik & Sharmila U. Deshmukh, JJ (judgment signed by Sharmila U. Deshmukh, J.) — Decided 19th August, 2025. The petitioner, appointed as an “Assistant Teacher” on 30th June, 2020, was denied approval by respondent No.2 (Divisional Secretary, Maharashtra State Board of Secondary and Secondary Education, Pune Divisional Board, Pune) vide order dated 24th March, 2025, and by respondent No.3 (Deputy Director of Education, Pune Division, Pune) vide order dated 17th October, 2024, solely on the ground that the appointment was not made through the Pavitra Portal. Holding that the appointment preceded the Portal becoming functional, the Court ruled that respondent No.3 could not have declined approval, found both orders rendered vulnerable, and QUASHED them. Following a Coordinate Bench decision in Kalyansingh Indrasing Raput and others v. The State of Maharashtra (Writ Petition No.10205 of 2024 and connected Writ Petitions, order dated 23rd April, 2025, which recorded that the Pavitra Portal was not in operation till June, 2024), the Court directed respondent No.3 to grant approval subject to other conditions, ordered issuance of Shalarth I.D., and fixed an eight-week deadline. Writ Petition disposed of as allowed.

912-WP-8906-2025.doc

Shailaja

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

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.8906 OF 2025

Prakash Vitthal Mohite ] Petitioner versus The State of Maharashtra and others ] Respondents

Mr. Satish Raut, for Petitioner.

Mr. S.B. Kalel, A.G.P, for Respondent – State.

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ

DATE : 19^th AUGUST, 2025.

P.C:

Heard learned Counsel for the parties.

Challenge in this petition is to the orders dated 24^th March, 2025 and 17^th October, 2024 passed by respondent No.2 – Divisional Secretary Maharashtra, State Board of Secondary and Secondary Education Pune Divisional Board, Pune and respondent No.3 – The Deputy Director of Education, Pune Division, Pune refusing the approval of the proposal for appointment of the petitioner as an “Assistant Teacher” on the ground that his appointment was not made through Pavitra Portal. The petitioner was appointed on 30^th June, 2020.

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912-WP-8906-2025.doc

Learned A.G.P made an attempt to support the impugned orders dated dated 24^th March, 2025 and 17^th October, 2024 passed by respondent No.2 – Divisional Secretary Maharashtra, State Board of Secondary and Secondary Education Pune Divisional Board, Pune and respondent No.3 – The Deputy Director of Education, Pune Division, Pune. Learned A.G.P submitted that respondents No.2 and 3 have rightly refused to grant approval on the ground that the appointment was not made through Pavitra Portal.

Learned Counsel for the petitioner referred to the decision of the Coordinate Bench of this Court in case of Kalyansingh Indrasing Raput and others Vs. The State of Maharashtra Through its Principal Secretary and others in Writ Petition No.10205 of 2024 and the connected Writ Petitions to submit that this is an admitted position that the Pavitra Portal was not in operation till June, 2024. In paragraph 3 of the order dated 23^rd April, 2025, Co-ordinate Bench of this Court issued directions to the Education Officer and Deputy Director of Education to grant approval for the appointment of the appointees who were declined approval for a similar reason.

In view of the fact that the petitioner was appointed prior to the Pavitra Portal becoming functional, respondent No.3 – The Deputy Director of Education, Pune Division, Pune could not have declined approval to the appointment of the petitioner as “Assistant Teacher” and thus the orders dated 24^th March, 2025 and 17^th October, 2024 passed by respondent No.2 –

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912-WP-8906-2025.doc

Divisional Secretary Maharashtra, State Board of Secondary and Secondary Education Pune Divisional Board, Pune and respondent No.3 – The Deputy Director of Education, Pune Division, Pune have been rendered vulnerable and accordingly quashed.

This Writ Petition succeeds to the extent that respondent No.3 - Deputy Director of Education shall grant approval to the appointment of the petitioner

as “Assistant Teacher” subject to the petitioner fulfilling other conditions.

After granting the approval, Shalarth I.D be provided to the petitioner.

Process of approval be completed within a period of eight weeks from today.

The Writ Petition is disposed of in the aforesaid terms.

[SHARMILA U. DESHMUKH. J.]

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