DATTATRAY SHASHIDHAR KAMBLE v. THE STATE OF MAHARASHTRA THR THE DEPT. OF EDUCATION SECONDARY AND ORS
High Court Directs School Management Receiving Grant-in-Aid to Appoint Petitioner on Compassionate Grounds Following Education Officer's Repeated Directions.
Court: Bombay High Court
Citation: 2025:BHC-KOL:3597-DB
Decision Date: 10-12-2025
List of Laws
Writ Petition; Compassionate Appointment; Government Resolution; Grant-in-aid
- Facts: The petitioner's father, Shri Shashidhar Kamble, was employed as a Junior Clerk at the Respondent-School and passed away while in service on January 7, 2017, creating a vacancy. The petitioner, in need of employment, applied for the position on compassionate grounds. The Education Officer directed the School Management to appoint the petitioner, citing Government Resolution dated March 7, 2019. Despite repeated directives from the Education Officer, the School Management failed to act.
- Procedural Posture: The petitioner filed a Writ Petition in the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, seeking implementation of the Education Officer's directions for appointment on compassionate grounds. The School Management did not appear despite service of court notices and private notices.
- Issue: Whether the High Court can direct a private, grant-in-aid receiving School Management to appoint the petitioner on compassionate grounds, given the repeated directions from the Education Officer and the School Management's failure to comply.
- Holding: Yes, the High Court allowed the Writ Petition and directed the School Management to appoint the petitioner to the post of Junior Clerk within four weeks.
- Reasoning: The Court noted the School Management's persistent disregard for the Education Officer's directions and their failure to raise any legitimate objections to the appointment. The Court emphasized that the School Management's conduct frustrated the purpose of the compassionate appointment scheme. While generally hesitant to issue directives to private entities, the Court found it necessary in this case because the School Management receives grant-in-aid from the Government and Zilla Parishad, making them subject to greater oversight. The Court stated, "We deprecate the practice and approach of the Respondent - School Management to give ‘nelson's eye' to the strict and repeated directions issued by the Education Officer for appointing the Petitioner on compassionate ground."
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