Bombay High Court
Swati Dilip Kulkarni And Others vs The State Of Maharashtra And ... on 19 July, 2017
Bench: R.M. Borde
1 WP5767.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
WRIT PETITION NO. 5767 OF 2017
1. Rohidas S/o Ashok Jagtap
Age : 27 years, occu. Service,
R/o. Samsherpur, Tq. Akole,
Dist. Ahmednagar.
2. Vijay S/o Somnath Khade,
Age : 27 years, Occu. Service,
R/o. Bhandardara, Post. Shindi,
Tq. Akole, Dist. Ahmednagar.
3. Ramdas S/o Hemant Madke,
Age : Major, Occu. Service,
R/o. Katalapur, Tq. Akole,
Dist. Ahmednagar.
4. Amol S/o Rajaram Deshmukh,
Age : Major, Occu. Service,
R/o. Rajur, Tq. Akole,
Dist. Ahmednagar.
5. Indrayani Nivrutti Kokate,
Age : Major, Occu. Service,
R/o. Akole, Tq. Akole,
Dist. Ahmednagar.
6. Bhausaheb S/o Pandurang Khadgir,
Age : 42 years, Occu. Service,
R/o. Waranghushi, Tq. Akole,
Dist. Ahmednagar. Petitioners...
Versus
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 00:23:13 :::
2 WP5767.2017
Maharashtra Undertaking), Through its
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. Zilla Parishad, Ahmednagar,
Through its Chief Executive Officer.
4. The Education Officer (Primary),
Zilla Parishad, Ahmednagar. Respondents...
..........
Mr Arvind G. Ambetkar, Advocate for the petitioners
Mr V. S. Badakh, AGP for respondent/State
Mr Deelip N. Patil-Bankar, Advocate for respondent No. 2
Mr Shivaji T. Shelke, Advocate for respondents No. 3 & 4
.............
WITH
WRIT PETITION NO. 3460 OF 2017
1. Swati Dilip Kulkarni,
Age : 30 years, Occu. Service,
R/o. Bokhare Galli, Jintur,
Tq. Jintur, Dist. Parbhani.
2. Pravin S/o Duryodhan Jadhav,
Age : 32 years, Occu. Service,
R/o. Kutubkhed, Tq. Paithan,
Dist. Aurangabad.
3. Akhtar Husen Sahikh Asgar,
Age : 31 years, Occu. Service,
R/o. Khadka Rasta, Katkar Mala,
Bhusawal, Tq. Bhusawal,
Dist. Jalgaon.
4. Asif Khan Ajmal Khan,
Age : 38 years, Occu. Service,
R/o. Near Bus Stand, Old Police line,
Bhusawal, Tq. Bhusawal, Dist. Jalgaon.
5. Ali Aslam Harun Rashid,
Age : 38 years, Occu. Service,
3 WP5767.2017
R/o. Varangav Road, 15 Bangala,
Bhusawal, Tq. Bhusawal, Dist. Jalgaon.
6. Kailas S/o Anna Salunke,
Age : 44 years, Occu. Service,
R/o. Shirodi Bk. Tq. Phulambari,
Dist. Aurangabad.
7. Kakarao S/o Anantrao Suste,
Age : Major, Occu. Service,
R/o. Borgaon Arj, Tq. Phulambari,
Dist. Aurangabad. Petitioners...
Versus
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
Maharashtra Undertaking), Through its
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. Zilla Parishad, Parbhani,
Through its Chief Executive Officer.
4. The Education Officer (Primary),
Zilla Parishad, Parbhani.
5. Zilla Parishad, Aurangabad,
Through its Chief Executive Officer.
6. The Education Officer (Primary),
Zilla Parishad, Aurangabad.
7. Zilla Parishad, Jalgaon,
Through its Chief Executive Officer.
8. The Education Officer (Primary),
Zilla Parishad, Jalgaon. Respondents...
4 WP5767.2017
..........
Mr Arvind G. Ambetkar, Advocate for the petitioners
Mrs M. A. Deshpande , AGP for respondent/State
Mr D. N. Patil-Bankar, Advocate for respondent No. 2 & 5
Mr Ganesh V. Mohekar, Advocate for respondent Nos. 3 & 4
Mr Chavan, Advocate h/f Mr Vijay Sharma, Advocate for respondents
.............
WITH
WRIT PETITION NO. 5289 OF 2017
1. Ajay S/o Ashok Pawase
Age : 35 years, Occu. Service,
R/o. Devgaon, Post. Nimgaon Tembhi,
Tq. Sangamner, Dist. Ahmednagar.
2. Suresh S/o Kondaji Gorde,
Age : 44 years, Occu. Service,
R/o. Pimpalgaon Nipani,
Tq. Akole, Dist. Ahmednagar.
3. Sanjay S/o Annasaheb Aher,
Age : Major, Occu. Service,
R/o. Ganore, Tq. Sangamner,
Dist. Ahmednagar.
4. Pankaj S/o Madhukar Jadhav,
Age : Major, Occu. Service,
R/o. Ghulewadi, Tq. Sangamner,
Dist. Ahmednagar.
5. Vijay S/o Gopinath Sonawane,
Age : Major, Occu. Service,
R/o. Rajapur, Tq. Sangamner,
Dist. Ahmednagar.
6. Sandip S/o Shankar Katake,
Age : Major, Occu. Service,
R/o. Rajapur, Tq. Sangamner,
Dist. Ahmednagar.
7. Chakur S/o Gafur Sahikh,
Age : Major, Occu. Service,
5 WP5767.2017
R/o. Baragaon Nandur, Tq. Sangamner
Dist. Ahmednagar.
8. Archana Trimbak Gancharya,
Age : 42 years, Occu. Service,
R/o. Dhumalwadi Road, Akole,
Tq. Akole, Dist. Ahmednagar.
9. Pallavi Uttam Khandagale,
Age : 35 years, occu. Service,
R/o. Rajur, Tq. Akole, Dist. Ahmednagar. Petitioners...
Versus
1. The State of Maharashtra
Through its Secretary,
School Education Development
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
Maharashtra Undertaking), Through its
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. Zilla Parishad, Ahmednagar
Through its Chief Executive Officer
4. The Education Officer (Primary),
Zilla Parishad, Ahmednagar. Respondents...
..........
Mr Arvind G. Ambetkar, Advocate for the petitioners
Mr M. B. Bharaswadkar, AGP for respondent/State
Mr D. N. Patil-Bankar, Advocate for respondent No. 2
Mr Shivaji T. Shelke, Advocate for respondent Nos. 3 & 4
.............
WITH
WRIT PETITION NO. 5262 OF 2017
1. Yogesh S/o Keshav Gawande
Age : 27 years, Occu. Service as
6 WP5767.2017
Guest Instructor presently
Working with Z.P. Primary
School Khadaka, Tq. Newasa,
Dist. Ahmednagar.
2. Ramdas S/o Bhanudas Pawar,
Age : 35 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Khadaka, Tq. Newasa,
Dist. Ahmednagar.
3. Devendra S/o Digambar Narvane,
Age : 30 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Vadule, Tq. Newasa,
Dist. Ahmednagar.
4. Manisha Laxman Yadav,
Age : 34 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Jalalke Bk., Tq. Newasa,
Dist. Ahmednagar.
5. Atish S/o Ganpatrao Suryatale,
Age : 32 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Markal (Bk.),
Tq. & Dist. Nanded.
6. Sanjay S/o Bhujangrao Pandveer,
Age : 33 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Delub Bk., Tq. Ardhapur,
Dist. Nanded.
7. Datta S/o Kamaji Kawale,
Age : 32 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Dahikalamba, Tq. kandhar,
Dist. Nanded.
8. Manmath S/o Daulatrao Landge,
Age : 31 years, Occu. Service as
Guest Instructor Presently Working with
7 WP5767.2017
Z.P. Primary School Bhayegaon, Tq. Nanded,
Dist. Nanded.
9. Rutuja Awadhutrao Pawar,
Age : 21 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Bhayegaon, Tq. Nanded,
Dist. Nanded.
10. Maya Kishanrao Kothe,
Age : 31 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Bhayegaon, Tq. Nanded,
Dist. Nanded. Petitioners...
Versus
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
Maharashtra Undertaking), Through its
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. The Director of Education (Primary),
Maharashtra State, Pune.
4. The Zilla Parishad, Ahmednagar,
Through its Chief Executive Officer.
5. The Education Officer (Primary),
Zilla Parishad, Ahmednagar.
6. The Zilla Parishad, Nanded,
Through its Chief Executive Officer.
7. The Education Officer (Primary),
Zilla Parishad, Nanded. Respondents...
8 WP5767.2017
..........
Mr Sandip R. Andhale, Advocate for the petitioners
Mr M. B. Bharaswadkar, AGP for respondent/State
Mr D. N. Patil-Bankar, Advocate for respondent No. 2
Mr Shivaji T. Shelke, Advocate for respondent Nos. 4 & 5
.............
WITH
WRIT PETITION NO. 5267 OF 2017
1. Girdhar Dagdu Jadhav
Age : 36 years, Occu. Service,
R/o. Bajar Zavangi, Tq. Khultabad,
Dist. Aurangabad.
2. Sominath S/o Sukhdev Shinde,
Age : 33 years, Occu. Service,
R/o. 3/2 C-1A, Deep Nagar,
N 11, HUDCO, Aurangabad.
3. Angulimal S/o Umaji Nikalje,
Age : 26 years, Occu. Service,
R/o. Charthan, Tq. Jintur,
Dist. Parbhani.
4. Mohan S/o Vishwanath Mahipal,
Age : 25 years, Occu. Service,
R/o. Vakil Colony (12), Tq. Manwat,
Dist. Parbhani.
5. Dnayneshwar S/o Apparao Barve,
Age : 26 years, Occu. Service,
R/o. Kausadi, Tq. Jintur,
Dist. Parbhani.
6. Anant S/o Haribhau Mule,
Age : Major, Occu. Service,
R/o. C/o. Z.P. School Palodi,
Tq. Manvat, Dist. Parbhani.
7. Gopal S/o Panditrao Yadav,
Age : 29 years, Occu. Service,
R/o. C/o. Z.P. Schook Rampuri (Bk.),
Tq. Manvat, Dist. Parbhani.
9 WP5767.2017
8. Baban S/o Bhanudas Kharat,
Age : Major, Occu. Service,
R/o. Malthan, Tq. Karjat,
Dist. Ahmednagar.
9. Shumalya Firdos Saiyyad Gaffar,
Age : 28 years, Occu. Service,
R/o. Dhangar Galli, Tq. Chopda,
Dist. Jalgaon.
10. Sumaiyya Parvin Sayed Yunus,
Age : 27 years, Occu. Service,
R/o. Kedar Nagar, Anand Mangal Society,
Pimprala, Dist. Jalgaon.
11. Sayyed Arshad Husain Basharat Ali,
Age : 27 years, Occu. Service,
R/o. Quzi Pura, Yawal,
Tq. Bhusawal, Dist. Jalgaon.
12. Heena Sayed Mahmood Ali,
Age : 26 years, Occu. Service,
R/o. Near Zam Zam Lodge, Jam Mohalla,
Tq. Bhusawal, Dist. Jalgaon. Petitioners...
Versus
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
Maharashtra Undertaking), Through its
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. The Zilla Parishad, Aurangabad,
Through its Chief Executive Officer
4. The Education Officer (Primary),
Zilla Parishad, Aurangabad.
10 WP5767.2017
5. The Municipal Corporation, Aurangabad,
Through its Commissioner.
6. The Zilla Parishad, Parbhani,
Through its Chief Executive Officer
7. The Education Officer (Primary),
Zilla Parishad, Parbhani.
8. The Zilla Parishad, Ahmednagar,
Through its Chief Executive Officer
9. The Education Officer (Primary),
Zilla Parishad, Ahmednagar.
10. The Zilla Parishad, Jalgaon,
Through its Chief Executive Officer
11. The Education Officer (Primary),
Zilla Parishad, Jalgaon.
12. The Municipal Corporation, Jalgaon,
Through its Commissioner.
13. The Municipal Council, Bhusaval,
Tq. Bhusawal, Dist. Jalgaon,
Through its Chief Officer. Respondents...
..........
Mr Arvind G. Ambetkar, Advocate for the petitioners
Mr M. B. Bharaswadkar, AGP for respondent/State
Mr D. N. Patil-Bankar, Advocate for respondent No. 2
Mr Shivaji T. Shelke, Advocate for the respondents No. 8 & 9
.............
WITH
WRIT PETITION NO. 5324 OF 2017
1. Dilip Namdev Dhumal,
Age : 37 years, Occu. Service as
Guest Instructor Presently Working with
11 WP5767.2017
Z.P. Primary School Suregaon (Ganga),
Tq. Newasa, Dist. Ahmednagar.
2. Sunita Bhausaheb Shinde
Age : 23 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Suregaon (Ganga),
Tq. Newasa, Dist. Ahmednagar.
3. Rajendra S/o Janaku Bhachkar
Age : 27 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Suregaon (Ganga),
Tq. Newasa, Dist. Ahmednagar.
4. Sachin S/o Bhaskar Kshirsagar,
Age : 21 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Jambhali,
Tq. Pathardi, Dist. Ahmednagar.
5. Rajendra S/o Shamrao Waghmare
Age : 27 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Nimbe,
Tq. Karjat, Dist. Ahmednagar.
6. Shaikh Parvin Shaikh Fakir,
Age : 27 years, Occu. Service as
Guest Instructor Presently Working with
Z.P. Primary School Ambala,
Tq. & Dist. Hingoli. Petitioners...
Versus
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
Maharashtra Undertaking), Through its
12 WP5767.2017
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. The Director of Education (Primary),
Maharashtra State, Pune.
4. The Zilla Parishad, Ahmednagar,
Through its Chief Executive Officer.
5. The Education Officer (Primary),
Zilla Parishad, Ahmednagar.
6. The Zilla Parishad, Hingoli,
Through its Chief Executive Officer.
7. The Education Hingoli (Primary),
Zilla Parishad, Aurangabad. Respondents...
..........
Mr Sandip R. Andhale, Advocate for the petitioners
Mr M. B. Bharaswadkar, AGP for respondent/State
Mr D. N. Patil-Bankar, Advocate for respondent No. 2
Mr Shivaji T. Shelke, Advocate for respondent Nos. 4 & 5
.............
WITH
WRIT PETITION NO. 5329 OF 2017
Sumit Gulabrao Rathod
Age : 26 years, Occu. Service,
R/o. Jamb (Bk) Tanda,
Tq. Jintur, Dist. Parbhani. Petitioner...
Versus
1. The State of Maharashtra
Through its Secretary,
School Education Department,
Mantralaya, Mumbai.
2. The Maharashtra Prathamik
Shikshan Parishad (Government of
Maharashtra Undertaking), Through its
13 WP5767.2017
Project Director, Jawahar Bal Bhawan, Netaji
Subhash Marg, Charni Road, Mumbai.
3. Zilla Parishad, Parbhani,
Through its Chief Executive Officer.
4. The Education Officer (Primary),
Zilla Parishad, Parbhani. Respondents...
..........
Mr Ravindra B. Ade, Advocate for the petitioner
Mr M. B. Bharaswadkar, AGP for respondent/State
Mr D. N. Patil-Bankar, Advocate for respondent No. 2
Mr Shivaji T. Shelke, Advocate for respondent Nos. 3 & 4
.............
CORAM : R. M. BORDE &
A. M. DHAVALE, JJ.
DATE : 19TH JULY, 2017.
ORAL JUDGMENT (Per R. M. Borde, J.) :-
1. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties.
2. The instant writ petitions raise identical issue as has been
dealt with by the Division Bench of this Court in Writ Petition
No.11771 of 2015 and other companion matters decided on
06.06.2017.
14 WP5767.2017
3. For the reasons recorded in the judgment referred to above,
the instant writ petitions stand disposed of in terms of the judgment
passed by the Court in Writ Petition No. 11771 of 2015 on
06.06.2017. Hence, we issue following directions :
(I) Respondent No. 1/State shall prescribe qualification for the
appointment of part time instructors.
(II) Respondent No.1/State shall give weightage to the part
time instructors considering the length of service rendered
by them earlier.
(III) The guest instructors may be appointed in addition to the
part time instructors and not as substitutes to the part time
instructors and respondent No. 1/State shall reconsider
emoluments to be paid to the part time instructors.
(IV) The decision in respect of Clauses "A" to "C" above shall be
taken expeditiously and preferably within three months
from today.
(V) Rule accordingly made absolute in above terms.
(VI) No costs.
[ A. M. DHAVALE ] [ R. M. BORDE ]
JUDGE JUDGE
sgp
