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Judgment
ORAL JUDGMENT : [PER : NITIN B. SURYAWANSHI, J.]
Rule. Rule made returnable forthwith. Heard finally by the consent of the parties at admission stage.
By this petition, the petitioners have put forth following prayers:-
“A. This Writ Petition may kindly be allowed;
B. By issuing writ of certiorari or any other appropriate writ, order or directions in the like nature this Hon’ble court may kindly be pleased to quash and set aside the impugned order dt. 02.04.2026 passed by the respondent no.3 (Education officer, Secondary, Chh. Sambhajinagar) thereby, rejecting the proposal for approval of Petitioner no.2 and for that purpose may pass necessary orders;
C. By issuing writ of certiorari or any other appropriate writ, order or directions in the like nature this Hon’ble court may kindly be pleased to quash and set aside the impugned order dt.04.07.2025 passed by the respondent No.3 (Education officer, Secondary, Chh. Sambhajinagar) thereby, rejecting the proposal for approval of Petitioner no.2 and for that purpose may pass necessary orders;
D. By issuing a Writ of mandamus or any other appropriate writ, order or direction, directing Respondent No. 3 to forthwith grant approval to the appointment of Petitioner no. 2 as Shikshan Sevak at Nehru Memorial Urdu High School & Junior College, Ajanta, with effect from 11.01.2024 and for that purpose may pass necessary orders;
E. By issuing an appropriate writ, order or direction, this Hon’ble Court be pleased to direct Respondent No.3 to consider and grant permission to the Petitioner-Society to fill the remaining vacant post(s) of Assistant Teacher at Nehru Memorial Urdu High School & Junior College, Ajanta.”
Heard learned Senior Advocate for petitioners, learned Government Pleader for State and learned Advocate for intervenor.
During the course of argument, learned GP has placed on record the Government Resolution dated 01/07/2026 which lays down the guidelines in respect of the Schools run by the Management where there is dispute between the Management and the said dispute is pending before the Charity Commissioner for more than one year. The guidelines are laid down as to what procedure should be followed. The detailed guidelines are given prescribing the procedure that should be followed in such cases.
In view of issuance of said Government Resolution, the impugned orders dated 02/04/2026 and 04/07/2025 cannot be sustained.
In the result, the impugned orders are quashed and set aside and the matter is remanded back to respondent No.3 for consideration on merits in accordance with the guidelines given in the Government Resolution dated 01/07/2026. This exercise shall be completed within a period of eight weeks from the date of receipt of copy of this order. Writ petition is accordingly disposed of. Rule is made absolute in the above terms.