DIPAK PRALHADRAO NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India seeking; (i) quashing and setting aside the impugned communication dtd. 7/8/2025 issued by the Deputy Director of Education, Aurangabad, and (ii) direction to the said authority to grant approval to the promotion of the petitioner to the post of Assistant Teacher within a stipulated period.

(2.) The factual matrix that can be narrated from the pleadings in the petition is that the petitioner is a graduate holding Bachelor's degree in Agricultural and also Master's degree in Biotechnology and he belongs to socially and educationally backward category. The petitioner came to be appointed on a clear, vacant and sanctioned post of Junior Clerk by an appointment order dtd. 10/10/2019 in Jai Bhavaji Vidyamandir and Higher Secondary School, Devlegavahn, Tq. Jafrabad, Dist. Jalna, which is run and managed by the Dnyanraj Shikshan Prasark Mandal, Sawangi Tekale, Tq. Deulgaonraja, Dist. Buldhana. According to the petitioner, his appointment was made by following due process of law as contemplated under Sec. 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 against a clear vacancy to which the State Government was initially sanctioned on unaided basis. Consequently, the State Government granted 20% grant in aid to the School, which was gradually increased and as on today, the institution is receiving 60% grant in aid.

(3.) The petitioner further submits that he was promoted to the post of Senior Clerk and the proposal for approval was submitted by Headmaster on 6/6/2024 and 26/6/2024 to the Education Officer (Secondary), Jalna for approval. After due scrutiny and satisfaction, the Education Officer on 5/7/2024 had granted permanent approval to his initial appointment on the post of Junior Clerk and also approved his promotion to the post of Senior Clerk. The petitioner's name was thereafter included in Shalarth Pranali by order dtd. 18/7/2024 passed by the Deputy Director of Education, Aurangabad.