Case Note & Summary
The petitioner, Ganesh Navnath Kendre, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing respondent No. 3 (the management of the educational institution) to appoint him as a clerk on compassionate grounds, as per the State Government policy, and to forward the proposal to respondent No. 2 (Education Officer) for approval. The petitioner's father was serving as a clerk in the school run by respondent No. 4 (managed by respondent No. 3) and died on 04.04.2021 while in service. The petitioner, who holds higher secondary certificate, valid certificates in Marathi and English typing, and MS-CIT qualification, applied on 07.06.2021 for compassionate appointment as clerk. The management, by order dated 10.03.2025, rejected the request for clerk and offered a peon post instead. The petitioner amended the petition to challenge this order. The court found that the management's rejection was arbitrary and contrary to the Government Resolution dated 21.09.2017, as there were sanctioned vacancies for clerk and the Education Officer had directed consideration. The court quashed the order dated 10.03.2025 and directed the management to appoint the petitioner as clerk within four weeks, with approval from the Education Officer.
Headnote
A) Compassionate Appointment - Government Policy - Government Resolution dated 21.09.2017 - The court examined whether the management's decision to offer a peon post instead of clerk to the petitioner, whose father died in service as a clerk, was arbitrary. The court held that the management's rejection based on alleged deficiencies and a past criminal case (where petitioner was acquitted) was untenable, and directed appointment as clerk (Paras 1-8).
Issue of Consideration
Whether the management's rejection of the petitioner's application for compassionate appointment as clerk and offering a lower post of peon is arbitrary and contrary to the Government Resolution dated 21.09.2017.
Final Decision
The court allowed the writ petition, quashed the order dated 10.03.2025, and directed respondent No. 3 to appoint the petitioner as clerk within four weeks, with approval from respondent No. 2.
Law Points
- Compassionate appointment
- Government Resolution dated 21.09.2017
- Article 226 of Constitution of India
- Writ of mandamus
- Arbitrary rejection of application
Case Details
2025 LawText (BOM) (10) 107
WRIT PETITION NO. 10699 OF 2024
Smt. Vibha Kankanwadi, Hiten S. Venegavkar
Mr. Mahesh V. Ghatge for Petitioner, Mr. V. M. Kagne for Respondent Nos. 1 and 2, Mr. Anand P. Bhandari for Respondent Nos. 3 and 4
The State of Maharashtra, The Education Officer (Secondary) Zilla Parishad Parbhani, Yuvak Vikas Shikshan Prasarak Mandal, Sant Tukaram Vidyalaya
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Nature of Litigation
Writ petition under Article 226 seeking mandamus for compassionate appointment as clerk.
Remedy Sought
Petitioner seeks direction to respondent No. 3 to appoint him as clerk on compassionate grounds and forward proposal to Education Officer for approval.
Filing Reason
Petitioner's father died in service as clerk; management rejected his application for clerk post and offered peon post instead.
Previous Decisions
Management order dated 10.03.2025 rejecting clerk appointment and offering peon post.
Issues
Whether the management's rejection of petitioner's application for compassionate appointment as clerk is arbitrary and contrary to Government Resolution dated 21.09.2017.
Submissions/Arguments
Petitioner contends that management's action is arbitrary and contrary to Government Resolution dated 21.09.2017; there are two sanctioned vacancies for clerk; Education Officer directed consideration; rejection based on alleged deficiencies and past criminal case (acquitted) is untenable.
Ratio Decidendi
The management's rejection of compassionate appointment for a higher post (clerk) and offering a lower post (peon) based on alleged deficiencies and a past criminal case where the petitioner was acquitted is arbitrary and contrary to the Government Resolution dated 21.09.2017.
Judgment Excerpts
The petitioner contains that the action of respondent No. 3 is arbitrary and contrary to the Government Resolution dated 21.09.2017, issued by the General Administration Department, which governs compassionate appointments.
It is submitted that there are two sanctioned vacancies for the post of clerk available in the schools run by respondent No. 3 - Society and that the Education Officer has also issued directions to consider and appoint the petitioner on the said post.
Procedural History
Petitioner filed writ petition under Article 226 seeking mandamus for compassionate appointment as clerk. Management rejected application by order dated 10.03.2025, offering peon post. Petitioner amended petition to challenge that order. Court heard and allowed petition on 17.10.2025.
Acts & Sections
- Constitution of India: Article 226
