Case Note & Summary
The petitioners, including a teacher (Petitioner No.1) and the school management, sought directions to the Deputy Director of Education, Pune, to grant Shalarth Identity to the teacher and include his name in the Shalarth System. The teacher's appointment had been approved by the Education Officer (Secondary), Zilla Parishad, Solapur. A proposal for Shalarth identity was submitted by the Education Officer to the Deputy Director, who refused to grant it and instead disapproved the approval of appointment itself. The court held that once an approval is granted by the competent authority (Education Officer), the Deputy Director must perform only directorial action to issue Shalarth identity and cannot question the validity of the appointment at that stage. The Deputy Director's action of disapproving the approval was beyond his jurisdiction. The court allowed the petition and directed the Deputy Director to grant Shalarth identity to Petitioner No.1 and include his name in the Shalarth System within four weeks.
Headnote
A) Education Law - Shalarth Identity - Grant of Shalarth Identity - Once approval is granted by the competent authority (Education Officer), the Deputy Director of Education has to perform only directorial action to issue Shalarth identity and ought not to question validity of the appointment at that juncture - The Deputy Director cannot disapprove the approval granted by the Education Officer (Paras 1-2)
Issue of Consideration
Whether the Deputy Director of Education can refuse to grant Shalarth identity and disapprove the appointment approval granted by the Education Officer
Final Decision
The court allowed the petition and directed the Deputy Director of Education to grant Shalarth Identity to Petitioner No.1 and include his name in the Shalarth System within four weeks.
Law Points
- Once approval is granted by the competent authority (Education Officer)
- the Deputy Director of Education must perform only directorial action to issue Shalarth identity and cannot question validity of appointment at that stage
Case Details
2025 LawText (BOM) (12) 230
Writ Petition No. 11507 of 2025
M. S. Karnik, Ajit B. Kadethankar
Mr. Sushant A. Khatake for the Petitioners, Mr. A.P. Vanarase, A.G.P. for the Respondent-State
Shri Nayan Vishnu Aldar, Shree Siddhanath Shikshan Prasarak Mandal, Junoni, Junoni Vidyalay, Junoni
The State of Maharashtra, The Commissioner of Education, The Director of Education, The Deputy Director of Education, The Education Officer (Secondary)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Petition seeking directions to grant Shalarth Identity and include name in Shalarth System
Remedy Sought
Petitioners seek directions to the Deputy Director of Education to grant Shalarth Identity to Petitioner No.1 and include his name in the Shalarth System
Filing Reason
Deputy Director of Education refused to grant Shalarth identity and disapproved the approval of appointment granted by the Education Officer
Previous Decisions
Education Officer (Secondary), Zilla Parishad, Solapur granted approval to Petitioner No.1's appointment; Deputy Director of Education rejected the proposal for Shalarth identity and disapproved the approval
Issues
Whether the Deputy Director of Education can refuse to grant Shalarth identity and disapprove the appointment approval granted by the Education Officer
Submissions/Arguments
Petitioners argued that once approval is granted by the competent authority, the Deputy Director must issue Shalarth identity and cannot question validity of appointment
Ratio Decidendi
Once an approval is granted by the competent authority (Education Officer), the Deputy Director of Education has to perform only directorial action to issue Shalarth identity and ought not to question validity of the appointment at that juncture.
Judgment Excerpts
By now, it is well settled that once an Approval is granted by the competent Authority i.e. the Education Officer, the Deputy Director of Education has to perform only the directorial action to issue Shalarth identity to the concerned employee of the private School and ought not to question validity of the appointment at that juncture.
Procedural History
Petitioners filed Writ Petition before the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, challenging the rejection of proposal for Shalarth identity by the Deputy Director of Education, Pune.
