Case Note & Summary
The petitioner, Mrs. Bhagyashree Prashant Agarkhed, was appointed as a Part-Time Shikshan Sevak by Respondent No.3 (Dayanand Shikshan Sanstha) at Respondent No.4 (D.A.V. Welankar College of Commerce) on 21 September 2021 following due process. The Deputy Director of Education, Pune Region, accorded approval to her services vide order dated 7 December 2024. Despite this approval, Respondent No.5, the Divisional Chairman of the Maharashtra State Secondary and Higher Secondary Education Board, Pune Divisional Board, failed to grant Shalarth Identity to the petitioner and include her name in the Shalarth System. The petitioner filed a writ petition seeking a direction to the Board Chairman to perform this duty. The court, after hearing the parties, noted that the approval of appointment was undisputed and that the Board Chairman's inaction was unjustified. The court held that the Board Chairman is duty-bound to grant Shalarth Identity and include the petitioner's name in the Shalarth System within four weeks from the date of the order. The writ petition was allowed with no order as to costs.
Headnote
A) Education Law - Shalarth Identity - Grant of Shalarth Identity to Part-Time Shikshan Sevak - The court considered whether the Board Chairman must grant Shalarth Identity after approval of appointment by the Deputy Director of Education. The court held that once the appointment is approved, the Board Chairman is duty-bound to grant Shalarth Identity and include the name in the Shalarth System. The court directed the Board Chairman to do so within four weeks. (Paras 1-5)
Issue of Consideration
Whether the Divisional Chairman of the Maharashtra State Secondary and Higher Secondary Education Board is obligated to grant Shalarth Identity and include the petitioner's name in the Shalarth System after the Deputy Director of Education has approved the petitioner's appointment as Part-Time Shikshan Sevak.
Final Decision
The writ petition is allowed. Respondent No.5 is directed to grant Shalarth Identity to the petitioner and include her name in the Shalarth System within four weeks from the date of the order. Rule is made absolute. No order as to costs.
Law Points
- Shalarth Identity
- Shalarth System
- Part-Time Shikshan Sevak
- Approval of Appointment
- Inaction by Education Board
- Mandamus
Case Details
Writ Petition No. 12566 of 2025
M. S. Karnik, Ajit B. Kadethankar
Mr. Sagar Mane i/b. Ms. Ashwini Bandiwadekar for the Petitioner, Mr. A. P. Vanarase, A.G.P. for the Respondent-State
Mrs. Bhagyashree Prashant Agarkhed (Ms. Bhagyashree Gurunath Patne)
The State of Maharashtra, The Deputy Director of Education, Dayanand Shikshan Sanstha, D.A.V. Welankar College of Commerce, The Divisional Chairman, Maharashtra State Secondary and Higher Secondary Education Board
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Nature of Litigation
Writ Petition seeking direction to grant Shalarth Identity and include name in Shalarth System.
Remedy Sought
Petitioner seeks direction to Respondent No.5 (Divisional Chairman, Maharashtra State Secondary and Higher Secondary Education Board) to grant Shalarth Identity and include her name in the Shalarth System.
Filing Reason
Inaction by Respondent No.5 in granting Shalarth Identity despite approval of appointment by Deputy Director of Education.
Previous Decisions
Deputy Director of Education, Pune Region, accorded approval to petitioner's services vide order dated 7 December 2024.
Issues
Whether the Board Chairman is obligated to grant Shalarth Identity after approval of appointment by the Deputy Director of Education.
Submissions/Arguments
Petitioner argued that despite approval of appointment, Respondent No.5 failed to grant Shalarth Identity. Respondent-State did not oppose the petition.
Ratio Decidendi
Once the appointment of a Part-Time Shikshan Sevak is approved by the Deputy Director of Education, the Divisional Chairman of the Education Board is duty-bound to grant Shalarth Identity and include the name in the Shalarth System. Inaction in this regard is unjustified and a writ of mandamus can be issued.
Judgment Excerpts
The matter pertains to grant of Shalarth Identity and inclusion of Petitioner’s name in the Shalarth System, consequent to grant of approval to Petitioner’s appointment.
It is not disputed that the Petitioner was appointed on the post of ‘Part Time Shikshan Sevak’ by the Respondent No.3 - School Management by following due process of law at Respondent No.4 - School on 21st September 2021.
It is also an undisputed fact that the Deputy Director of Education, Pune has accorded approval to the services of Petitioner vide order dated 7th December 2024.
Procedural History
The petitioner filed Writ Petition No. 12566 of 2025 before the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, seeking directions to Respondent No.5 to grant Shalarth Identity. The court heard the matter finally by consent of parties and allowed the petition on 9 December 2025.
