PRASHANT PRABHAKAR JAMGUNDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these petitions are identical in nature and involve the identical issue as to whether the communication of Deputy Director of Education, dtd. 28/5/2025 can be made applicable to the minority institute and secondly whether the same is applicable in the facts and circumstances of the cases of the petitioners'. As all these matters are identical, for the convenience we have taken up Writ Petition No.1031 of 2026 to decide the controversy in the present petitions.

(2.) Undisputedly, the Competent Authority has recognized the petitioner No.2 as a minority institute vide its Certificate dated 7 th July 2008. In pursuance of this recognition, the Management has made certain appointments in the School as per the procedure contemplated under the provisions of law. As seen from the record, in each case, the petitioner came to be appointed by following due procedure of law and after their appointments, proposal was forwarded to the Education Officer (Secondary), Zilla Parishad, Solapur for grant of approval to their appointments.

(3.) The Education Officer after receipt of proposals putforth the excuse that Director of Education issued Circular dated 28 th May 2025, thereby directing his Officer that till the completion of process of preparing staff justification of Schools which is pending at his instance, no permission for appointment, approval or Shalarth I.D. be considered. As such, petitioner constrained to approach before this Court by way of present petition, seeking direction to decide this pending proposal on its own merit.