Mohan Raghunath Jadhav And Ors vs The State Of Maharashtra Throu. Forest ...
2026 Latest Caselaw 4927 Bom

Bombay High Court

Mohan Raghunath Jadhav And Ors vs The State Of Maharashtra Throu. Forest ... on 12 May, 2026

                                                               503-wp-2046-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO.2046 OF 2026

Mhalappa Balasaheb Gadade                               ...Petitioner
             V/s.
The State of Maharashtra & Ors.                         ...Respondents


                              ------------
Mr. Prashant Bhavake, Advocate for the petitioner.
Mr. Vikas M. Mali, AGP for respondents-State.
                              ------------

                                     Coram :    Pravin S. Patil, J.

Vacation Court Date : May 12, 2026.

P. C. :

1. Not on board. Upon mentioning, taken on producation board.

2. The petitioner submits that, being the senior-most teacher in the

school, he was promoted as Headmaster on 1st March 2026. It is further

submitted that his date of superannuation is 31st May 2026. However,

the proposal forwarded by the management to the Education Officer

seeking approval to his promotion has not yet been decided.

3. It is the submission of the petitioner that the Education Officer is

not deciding the proposal on the ground that the petitioner does not

possess a Diploma in School Management certificate. According to the

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503-wp-2046-2026.doc

petitioner, there is no such requirement under the Maharashtra

Employees of Private Schools (Conditions of Service) Regulation Act. He

also stated that if Education Officer considered the judgment of this

Court in Jayant Shikshan Sanstha, Amgaon (Railway), District Gondia vs.

Education Officer (Secondary), Zilla Parishad, Gondia & Anr., reported in

2025 (2) Mh.L.J. 275, all the controversies in the matter can be resolved.

4. In light of these facts, it is submitted that for the purpose of

receiving retirement benefits, the approval is required to be decided by

the Education Officer on or before the date of his retirement. Hence, the

petitioner seeks directions against the Education Officer in the matter.

5. In view of the limited prayer made by the petitioner, by way of ad-

interim relief, the Education Officer is directed to decide the pending

proposal of the petitioner on or before 31st May 2026.

6. The Education Officer shall grant an opportunity of hearing to the

petitioner by fixing a date of hearing prior to 31st May 2026.

7. It is made clear that all the issues are kept open while deciding the

representation of petitioner.

8. Learned AGP waives service for respondent nos.1 to 5.

9. List the matter on 8th June 2026.

                                                             [Pravin S. Patil, J.]




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