Santosh Uttam Mane vs the State of Maharashtra Thr the Secretary and Ors. — Bombay HC (2025) — LawSathi Research

Santosh Uttam Mane vs the State of Maharashtra Thr the Secretary and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 12 July 2023 treated as show cause notice; Respondent Nos. 6 and 7 to file an appropriate reply within two weeks; Education Officer to decide the show cause notice as expeditiously as possible, preferably within eight weeks from the date of the order.

Issue for consideration

Whether the impugned order dated 12 July 2023 could be passed without issuing a show cause notice to the Petitioner. +1 more

Court's answer

The order dated 12 July 2023 shall be considered as a show cause notice, and Respondent Nos. 6 and 7 may file an appropriate reply within two weeks.

Ratio / Principle

The Court declined to express any opinion on the merits of the rival contentions; the Petitioner is to place reliance on the Division Bench decision in Writ Petition No.16683 of 2024 before the Authority.

Key takeaways

The Education Officer is to decide the show cause notice as expeditiously as possible and preferably within a period of eight weeks from today.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (Circuit Bench at Kolhapur; M.S. Karnik and Sharmila U. Deshmukh, JJ.; order per Deshmukh, J.), Writ Petition No.9562 of 2024, decided 18 August 2025: Petitioner challenged the Education Officer's order dated 12 July 2023 rejecting the proposals of Respondent Nos. 6 and 7 for individual approval of his appointment as Assistant Teacher in an unaided post w.e.f. 1 February 2017. Contentions raised: the order was passed without issuing show cause notice to the Petitioner, and deficiency No.1 could not be raised in respect of an unaided post. Without expressing any opinion on the merits, the Court directed that the impugned order be treated as a show cause notice, permitted Respondent Nos. 6 and 7 to file a reply within two weeks, and directed the Education Officer to decide the show cause notice expeditiously, preferably within eight weeks. The Petitioner's reliance on the Division Bench decision dated 11 July 2025 in Writ Petition No.16683 of 2024 was left to be urged before the Authority. Writ Petition allowed in the above terms.

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Nikita

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

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.9562 OF 2024

Santosh Uttam Mane ...Petitioner

versus

The State of Maharashtra and Ors. ...Respondents

Mr. Prashant Bhavake for the Petitioner. Mr. Utkarsh Desai for the Respondent Nos. 6 and 7. Mr. S. B. Kalel, AGP for the State.

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

DATE : 18^th AUGUST, 2025.

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

The challenge in this petition is to the order of 12^th July, 2023 passed by the Respondent No.1 Education Officer rejecting the proposals submitted by Respondent Nos. 6 and 7 seeking individual approval to the appointment of Petitioner in the unaided post of Assistant Teacher and for further direction to the Respondent No.5 to grant individual approval to the appointment of the Petitioner in unaided post of Assistant teacher, with the Respondent No.7-Secondary School w.e.f. 1^st February, 2017.

Mr. Bhavake, learned Advocate for the Petitioner points out the Impugned order at page No.185 of the petition to submit that the order

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was passed without issuing show cause notice to the Petitioner. He would further submit that raising of the deficiency No.1 is unwarranted and misconceived as the same cannot be raised in respect of an unaided post.

Learned AGP for the State submits that the order dated 12^th July, 2023 may be considered as a show cause notice to the Petitioners and the Petitioner can file an appropriate reply to such show cause notice. Learned Counsel for the Management submits that within a period of 2 weeks an appropriate reply will be filed to such show cause notice. In the light of the above, the order of 12^th July, 2023 be considered as a show cause notice. The Respondent No.6 and 7 to file an appropriate reply within two weeks.

Learned Advocate for the Petitioner relied upon the decision dated 11^th July, 2025 passed by the Division Bench of this Court in Writ Petition No.16683 of 2024 which according to him covers the controversy involved in the present petition. Since the Impugned order is now to be treated as a show cause notice, it is for the Petitioner to place reliance on the decision before the Authority in support of his submissions. We are not expressing any opinion on the merits of the rival contentions.

The Writ Petition is allowed in the above said terms.

Education Officer to decide the show cause notice as

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expeditiously as possible and preferably within a period of eight weeks

from today.

[SHARMILA U. DESHMUKH, J.]

[M.S. KARNIK, J.]

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