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2026 Supreme(Bom) 533

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR
R.G.AVACHAT, AJIT B.KADETHANKAR
Vikas Shikshan Mandal – Appellant
Versus
State of Maharashtra, Through the Secretary, School Education and Sports Department – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prashant Bhavake, Advocate
For the Respondent: Ms. T.J. Kapre, AGP

JUDGMENT :

Ajit B. Kadethankar, J.

Heard learned counsel for the parties. Considering the subject-matter of the Writ Petition, we deem it necessary to hear this matter for final disposal. For the sake of convenience, the parties are referred to as per their actual status.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

Subject matter:

3.1. Proposal seeking approval to Petitioner No.1's appointment as ‘Peon’ has been turned down by the Education Officer (Secondary), Zilla Parishad, Kolhapur. The objections as to ‘non-submission of certain documents, effect of ban imposed by the State Government for certain period, non-compliance of formal procedure, and applicability of staffing pattern sought to be introduced by Government Resolution dated 23.11.2013 are referred as the reasons to discard the proposal.

3.2. Considering the pleadings and the arguments advanced by the Parties, we frame following points for our consideration :-

(i) Whether ban imposed by the Government Resolution post subject-matter appointments would invalidate the approval proposal?

(ii) Whether in the peculiar circumstances if education Officer merely sits on the

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