Bombay High Court
Sanjay Vishnu Bhagat And Anr vs The State Of Maharashtra Thr The ... on 11 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:48470-DB
(6-To-12)-WP-229-2025-(C).odt
SUNNY
Digitally signed
by SUNNY
ANKUSHRAO
ANKUSHRAO THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
THOTE Date: 2025.11.13
10:20:13 +0530
CIVIL APPELLATE JURISDICTION
(6) WRIT PETITION NO. 229 OF 2025
Sanjay Vishnu Bhagat & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
(7) WRIT PETITION NO. 230 OF 2025
Kumudinee Raghu Dode & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
(8) WRIT PETITION NO. 447 OF 2025
Prema Nathu Rawate & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
(9) WRIT PETITION NO. 448 OF 2025
Bhavana Raghunath Padvale & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
(10) WRIT PETITION NO. 449 OF 2025
Rajashri Ramesh Gavale & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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AND
(11) WRIT PETITION NO. 451 OF 2025
Jayshri Mohan Araj & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
(12) WRIT PETITION NO. 469 OF 2025
Hemant Shantaram Pawar & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. Vinayak Kumbhar a/w Mr. Rajendra Khaire, Mr. Aniket Phapale
i/by Ms. Ashwini N. Bandiwadekar, Advocate for the Petitioners.
Mr. P.P. Kakade, Addl. G.P. a/w Ms. P.N. Diwan, AGP for the
Respondent/State in WP/229/2025.
Ms. P.M.J. Deshpande, AGP for the Respondent/State in
WP/230/2025.
Ms. Priyanka Chavan, AGP for the Respondent/State in WP/447/25.
Mr. S.H. Kankal, AGP for the Respondent/State in WP/448/2025.
Mr. Vaibhav Charalwar, 'B' Panel Counsel for the Respondent/State
in WP/449/2025.
Ms. Kavita N. Kolunke, Addl. G.P. a/w Ms. Nisha Mehra, AGP for
the Respondent/State in WP/451/2025.
Mr. A.K. Naik, AGP for the Respondent/State in WP/469/2025.
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
DATE : 11th NOVEMBER, 2025
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P.C. :-
1. In these matters, the Education Officer (Secondary),
Zilla Parishad, Palghar, has passed identical orders concluding on a
solitary point that, because the Petitioners were not recruited
through the Pavitra Portal, approvals to their appointments cannot
be granted. The learned AGPs point out that recently this Court has
delivered a Judgment on 16th October, 2025 in Writ Petition
Nos.6949 of 2025, 6950 of 2025 and 10116 of 2025 (Kum. Ratna
Ramesh Salunke & Ors. V/s. The State of Maharashtra & Ors.),
concluding that Pavitra Portal is the only legal process through
which recruitment can be made. If the Pavitra Portal is activated for
any Institution and the Login-ID is also furnished to the
Management, appointments cannot be made de-hors the Pavitra
Portal.
2. In the impugned order, we do not find that the
Education Officer has taken the efforts to verify as to whether the
Pavitra Portal was activated and whether the Login-ID was
furnished to the Management, namely Kudus Vibhag Shikshan
Sevak Sangh Chinchghar, Post Kudus, Taluka Wada, District
Palghar, which appointed these Petitioners.
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3. In the absence of a specific scrutiny on this count,
merely rejecting the proposal on the ground that the recruitment was
not made through the Pavitra Portal, would result in miscarriage of
justice. We, therefore, deem it appropriate to remit these matters to
Respondent No.2/Education Officer (Secondary) to carry out an
inquiry as regards whether the Pavitra Portal was activated and
whether the Login-ID was allocated to the Management.
4. In view of the above, these Writ Petitions are partly
allowed, only for the aforestated reason. The impugned orders are
quashed and set aside. The proposals of these Petitioners are
remitted to the office of Respondent No.2/Education Officer
(Secondary).
5. The Management, which is before us as Petitioner No.2
in these matters, would file an affidavit sworn on oath before
Respondent No.2/Education Officer (Secondary), within a period of
30 days from today, declaring whether the Pavitra Portal was
activated with reference to its Institutions and whether the Login-ID
was allocated to the Management. Based on the contents of the
affidavit, Respondent No.2/Education Officer (Secondary) would
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carry out a verification exercise. Needless to state, if the Pavitra
Portal was activated and the Login-ID was made available to the
Management at the time when the Petitioners were appointed, the
Education Officer would be at liberty to follow the law laid down in
Kum. Ratna Ramesh Salunke (Supra). If the Pavtira Portal was
inactive and no Login-ID was allocated to the Management, the
Education Officer will consider each case on its own merits and pass
a reasoned order.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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