Prashant Laxman Kengar vs the State of Maharashtra Thr Its Secretary Education Department and Ors. — Bombay HC (2025) — LawSathi Research

Prashant Laxman Kengar vs the State of Maharashtra Thr Its Secretary Education Department and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No.3 - Deputy Director of Education to grant approval to the petitioner's appointment as Assistant Teacher, subject to the petitioner fulfilling other conditions; after granting approval, Shalarth I.D. to be provided to the petitioner; process of approval to be completed within eight weeks

Issue for consideration

Whether the approval of the petitioner's appointment as Assistant Teacher could lawfully be refused by Respondents No.2 and No.3 on the ground that the appointment was not made through the Pavitra Portal, when the petitioner was appointed on 11th June, 2022, i.e. prior to the Portal becoming operational

Court's answer

As 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 orders dated 24th March, 2025 and 17th 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 (Deputy Director of Education, Pune Division, Pune) refusing approval have been rendered vulnerable and are accordingly quashed

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Circuit Bench at Kolhapur (Civil Appellate Jurisdiction); Writ Petition No.9256 of 2025; decided 19 August 2025 by M.S. Karnik and Sharmila U. Deshmukh, JJ. The petitioner, appointed as Assistant Teacher on 11 June 2022, was refused approval of his appointment by the Divisional Secretary, Maharashtra State Board of Secondary and Secondary Education Pune Divisional Board, Pune (order dated 24 March 2025) and by the Deputy Director of Education, Pune Division, Pune (order dated 17 October 2024) solely on the ground that the appointment was not made through the Pavitra Portal. Learned Counsel relied on a Coordinate Bench decision in Kalyansingh Indrasing Raput and others v. The State of Maharashtra, Writ Petition No.10205 of 2024 (paragraph 3 of order dated 23 April 2025 directing grant of approval to similarly-situated appointees), wherein it was an admitted position that the Pavitra Portal was not in operation till June 2024. Holding that the petitioner, appointed before the Portal became functional, could not have been denied approval on that ground, the Court quashed both impugned orders, directed Respondent No.3 to grant approval subject to the petitioner fulfilling other conditions, to provide the Shalarth I.D. thereafter, and to complete the approval process within eight weeks. Petition disposed of accordingly.

912-WP-9256-2025.doc

Shailaja

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

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.9256 OF 2025

Prashant Laxman Kengar ] 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 11^th June, 2022.

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912-WP-9256-2025.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

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912-WP-9256-2025.doc

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 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.] [M.S. KARNIK, J.]

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