Cancellation of teacher approvals invalid due to vague show-cause notices, sham mass hearings, delay, and condonable management irregularities without fraud; protects long-serving employees, restores approvals.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. In all these matters, the Petitioners are individual employees, along with their Managements. The Respondents are the State Authorities on whose behalf the learned Additional G.P./AGPs have appeared.

3. Pursuant to the advertisement published in ‘Dainik Gavkari’ and ‘Dainik Punyanagari’ dated 12^th October, 2012 (Hemant Baliram Deore and Sangita Motiram Patil) and 16^th June, 2013 (Nilesh Mohan Koli), which are widely circulated newspapers in Nashik, they were considered for employment along with all the Applicants.

4. Two employees, namely Hemant Baliram Deore and Sangita Motiram Patil, were appointed on 30^th October, 2012 as Assistant Teachers on unaided basis. They were confirmed in employment and they were granted approval on unaided basis on 14^th August, 2014 and on transfer to the aided establishment as Shikshan Sevak, on 19^th April, 2018. Nilesh Mohan Koli was appointed on 24^th June, 2013 on unaided basis as an Assistant Teacher. His first approval on unaided basis is dated 8^th July, 2013. He was transferred on the aided post on 11^th June, 2018 and received approval on aided basis, 9^th July, 2019. Subsequently, the Petitioners, Hemant Baliram Deore and Sangita Motiram Patil, were granted permanent approval on 6^th November, 2020.

5. Hemant Baliram Deore was granted Shalarth-ID on 14^th August, 2019. Sangita Motiram Patil was granted Shalarth-ID on 24^th September, 2019, and Nilesh Mohan Koli was granted Shalarth-ID on 14^th September, 2019.

6. All these three employees, along with the Management, received show-cause notices dated 30^th April, 2025, 15^th May, 2025 and 14^th May, 2025, respectively.

7. A hearing in all these matters was conducted by the Joint Director Education at Pune, who had issued the notices to these Petitioners. The hearing was concluded on 5^th August, 2025. In all these cases, the impugned orders are dated 23^rd January, 2026. These orders were transmitted to the Deputy Director of Education on 10^th February, 2026. All these orders were served upon the Petitioners on 13^th March, 2026, and thereafter, these Petitions were filed.

8. In the case of Hemant Baliram Deore, the impugned order cancelling the approval is passed on the following grounds :

9. In the case of Sangita Motiram Patil, the grounds for cancellation of approval and the Shalarth-ID, are as under :

10. In the case of Nilesh Mohan Koli, the impugned order carries the following reasons :

11. We have considered the strenuous submissions of the parties. The learned Additional G.P/AGPs have vehemently opposed these Petitions. It is canvassed that the Competent Authority has followed the due procedure. Notices for hearing were issued. Written submissions were accepted, not only from the employee, but also from the Management. The Competent Authority has applied its mind to the rival submissions and passed a speaking order. Considering that the Competent Authority has considered all the contentions of the parties and has assigned justifiable reasons, there is no ground for interference in these matters. The Competent Authority has taken into account every fact of the ca