Nagrik Seva Sanstha, Hatroon, Thr. ... vs The State Of Maharashtra, Thr. Its ...
2026 Latest Caselaw 1995 Bom

Bombay High Court

Nagrik Seva Sanstha, Hatroon, Thr. ... vs The State Of Maharashtra, Thr. Its ... on 23 February, 2026

Author: M.S. Jawalkar

Bench: M.S. Jawalkar

2026:BHC-NAG:3092-DB


                       J-wp3008.23 final.odt                                                1/9


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               NAGPUR BENCH, NAGPUR


                                           WRIT PETITION No.3008 OF 2023


                       1.    Nagrik Seva Sanstha, Hatroon,
                             Tq. Balapur Dist. Akola,
                             through it's President,
                             Sk. Sibghatullah Sk. Izzatullah Jagirdar,
                             Aged about 46 years,
                             Occupation - Advocate,
                             R/o. Hatroon, Tah. Balapur,
                             District - Akola, presently Residing at Flat No.102,
                             Sapphire Apartment, Plot No.9,
                             Ahbab Colony, Nagpur - 440 015.

                       2.    Sanjay Gandhi Urdu High School,
                             Hatroon through it's Head Mistress,
                             Mehrunnisa Khan w/o Sajawar Khan,
                             age about 49 years, Occupation - Service,
                             R/o. Hatroon, Tah. Balapur, District -Akola.

                       3.    Syed Awais Qadir Syed Azeez,
                             Aged about 30 years, Occupation Service,
                             R/o. Patur, Tah. Patur,
                             District - Akola.                        :       PETITIONERS

                                   ...VERSUS...

                       1.    The State of Maharashtra,
                             Through its Secretary,
                             School Education, Mantralaya, Mumbai - 400 032.

                       2.    The Education Officer (Secondary),
                             Zilla Parishad Akola,
                             Address DIET, Near Santoshi
                             Mata Mandir Akola.                           :   RESPONDENTS

                       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                       Mr. S.N. Tapadia, Advocate for Petitioners.
                       Mr. N.R. Patil, Assistant Government Pleader for Respondents.
                       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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CORAM                     :   SMT. M.S. JAWALKAR AND
                              NANDESH S. DESHPANDE, JJ.
RESERVED ON    :              12th FEBRUARY, 2026.
PRONOUNCED ON :               23rd FEBRUARY, 2026.

JUDGMENT :

(Per : NANDESH S. DESHPANDE, J.)

1. Rule. Rule made returnable forthwith. Heard finally

with the consent of the parties.

2. This is a petition seeking quashing and setting the

order dated 4.1.2023 passed by the respondent No.2 thereby

refusing to issue approval to the appointment of the petitioner No.3

as Assistant Teacher in petitioner No.2 School. As per the

averments in the petition, the petitioner No.1 is a minority

educational institution registered under the Bombay Public Trusts

Act, 1950 and the Societies Registration Act, 1860. The petitioner

No.2 is a Urdu High School run by the petitioner No.1 and the

petitioner No.3 is a Mathematic Teacher having appointed for

teaching classes of 9th and 10th standard.

3. On 30th June, 2021 one Mr. Mohammad Afsar Shaikh

Rustam, who was a Assistant Teacher in Mathematic retired from

petitioner No.2 School. Since a vacancy had arisen, the petitioner

No.2 applied on 28.8.2021 to publish a requirement of Mathematics

Teacher with the respondent No.2. However, since there was no

response from the office of the respondent No.2, the petitioner

Nos.1 and 2 published the said advertisement on 2.10.2021 calling

upon the eligible persons to apply. In pursuance to the said

advertisement the petitioner No.3 applied and the Selection

Committee took his interview and he was duly selected for the post

of Mathematics Teacher having the qualification of B.Sc. (Math.)

and B.Ed. The petitioners further states that prior to his

appointment as Mathematics Teacher, the petitioner No.3 has the

teaching experience of more than two years as he was appointed as

Mathematics Teacher, in the High School on no grant basis. The

said appointment was also approved by the respondent No.2 vide

its order dated 14.9.2021. It is, therefore, submitted that the

petitioner No.3 has a status of permanent Teacher in no grant basis

School.

4. After his appointment, the School Committee of the

petitioner No.2 resolved to appoint petitioner No.3 in secondary

category of standard 9th to 10th in regular pay scale and he was

accordingly issued an appointment order on 20 th October, 2021.

Thereafter, on 22nd October, 2021 the petitioner No.2 submitted a

proposal seeking approval to the appointment of petitioner No.3 in

the office of respondent No.2 along with all requisite documents.

The petitioners further states that as per the staffing pattern issued

by the respondent No.2, eight posts of teachers were sanctioned.

Due to retirement of one Mathematics Teacher, one post has fallen

vacant. The respondent No.2 thereafter on 27.1.2022 raised some

queries, which were duly complied by the petitioner No.2 School

and communicated the same to the Office of respondent No.2 vide

letter dated 4.7.2022. Thereafter, on 4.1.2023 i.e. after lapse of

about six months the respondent No.2 passed order on 4.1.2023,

which is impugned in the present petition.

5. We have heard Mr. S.N. Tapadia, learned counsel for

the petitioners and Mr. N.R. Patil, learned Assistant Government

Pleader for the respondents.

6. Mr. SN. Tapadia, learned counsel for the petitioners

has taken us through the factual aspects of the matter by showing

necessary documents in that regard. He further states that the

order which is impugned primarily spells out three reasons for

rejection of the proposal. The first ground is regarding the ban on

the appointment, the second ground is there is no vacancy in the

School i.e. the petitioner No.2 and the third ground is that the

advertisement issued is faulty. He submits that all the three

grounds basically are without any basis. As far as ban on

recruitment is concerned, learned counsel for the petitioners

submits that as has been settled by this Court, vide various judicial

pronouncement, the petitioner No.1 being a minority institution,

the ban on recruitment is not applicable to it.

7. As far as absence of vacancy is concerned, he submits

that it is an admitted fact on record that a vacancy was due in the

petitioner No.2 School after retirement of one Mathematic Teacher,

who retired on 30th June, 2021. As far as third ground for rejection

is concerned that the advertisement is faulty, he submits that the

advertisement clearly spelt out that the appointment which was

sought to be done was due to retirement of the Teacher and 15

days window was provided for application for eligible candidates.

It is, therefore, his submission that the respondent No.2 has grossly

erred in rejecting the approval of the petitioner No.3.

8. Per contra, learned Assistant Government Pleader for

the respondents by taking us through the reply submitted that the

order of respondent No.2 is perfectly legal and valid. He submits

that the advertisement issued by the petitioner Nos.1 and 2 is not in

accordance with the staffing pattern and, therefore, is in violation

of the provisions of the Government Resolution. He further submits

that as per the Government Resolution dated 6.2.2012, the

procedure of approval is to be completed within two months from

the appointment, hence the proposal for grant of approval after two

years from the date of appointment is violative of the said

provisions. He, therefore, supports the impugned order.

9. We have perused the contentions canvassed by the

learned counsels for the respective parties. As can be seen from the

impugned order as has been rightly submitted by the counsel for

the petitioners that first reason as spelt out in the impugned order is

regarding ban on recruitment. It is well settled by a plethora of

decisions of this Court that the petitioner No.1 being a minority

institution and having been recognized as such, the ban on

recruitment is not applicable to it in view of the constitutional

protection. Beneficial reference in this regard can be made to

judgment of this Court in Writ Petition No.1147/2026 as also Writ

Petition No.516/2026. Thus, the first reason on which the

impugned order is based falls apart.

10. The second reason regarding absence of any vacancy is

also fallacious inasmuch as as can be seen from the documents on

record that the vacancy in fact had fallen due after retirement of the

Teacher on 30th June, 2021.

11. As far as third reason is concerned, that the

advertisement is faulty, is also erroneous. We have perused the

advertisement, which is filed on record. The said advertisement

clearly spells out that the vacancy has fallen due because of

retirement of one of the Teachers. The advertisement which is

dated 2.10.2021 calls upon the eligible candidates to apply till

17.10.2021 and, therefore, grants of time of 15 days for the same.

It, therefore, cannot be said that the advertisement is faulty.

12. The respondent No.2 while passing the impugned

order has not taken into consideration this fact rendering the order

incorrect in law. In fact, the Government Resolution dated 6 th

February, 2012 clearly spells out this contingency as has been

rightly submitted by the counsel for the petitioners. As far as the

contentions raised by the respondents regarding delay in submitting

the proposal, the said reason does not find a place in the impugned

order. In view of the settled law, that the order of a judicial or

quasi judicial authority should stand on its own legs and cannot be

supplemented by some reasons, we are of the considered opinion

that the respondents are precluded from raising this ground since it

doesn't find a place in the impugned order. It is also worthwhile to

mention here that the same Education Officer has granted approval

to the initial appointment of the petitioner No.3 and, therefore,

now it does not lie in the mouth of the said respondents to allege

otherwise.

13. It can also be seen from the record that three posts of

graduate Teachers are sanctioned for standard 9 th to 10th of the

petitioner No.2 School and there is no reduction till date. Since one

of the three Teachers functioning over the said posts had retired, a

vacancy had fallen due and, therefore, the advertisement was

issued on 2.10.2021. As has been rightly submitted by the learned

counsel for the petitioner this Court in Writ Petition No.5761/2024

vide its judgment dated 24th July, 2025 has clearly stated by relying

on the earlier judgment bearing Writ Petition No.6122/2024 that

the ban on recruitment would not be applicable, the petitioner No.1

being a minority institution. In that view of the matter, the order

impugned is unsustainable in law, it being contrary to the settled

position. We, therefore, pass the following order :

ORDER

(i) The Writ Petition is allowed.

(ii) The impugned order dated 4.1.2023 passed by the respondent No.2 is quashed and set aside.

(iii) The respondent No.2 is further directed to issue approval to the appointment of petitioner No.3 as an Assistant Teacher in petitioner No.2 School and release his salary in accordance with the Rules within four weeks from the date of this order.

(iv) The petitioner No.3 to appear before the respondent No.2 on 25.2.2026 and apprise the said respondent of this order.

(v) The petition is disposed of.

14. Rule made absolute in the aforesaid terms. No costs.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) wadode

Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 23/02/2026 18:27:32