[Cites 1, Cited by 0]
Bombay High Court
Smt. Archana Bhausaheb Divate vs The State Of Maharashtra Thr The ... on 4 December, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:53184
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1294 OF 2018
Smt. Jayashree Shivaji Jakate & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 2177 OF 2022
Randhave Sanjit Ankush & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 460 OF 2022
Vitnor Sachin Jayawant & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 12921 OF 2023
Appasaheb Rangnath Kedar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 16775 OF 2023
Pravin S/o Dileep Dhale & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO. 34058 OF 2024
IN
WRIT PETITION NO. 16775 OF 2023
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Rushikesh Sunil Patil ...Applicant
Versus
Pravin S/o Dileep Dhale & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 90 OF 2022
Shreya Santosh Bhoir ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 15741 OF 2024
Sagar Janardhan Khomane & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 1282 OF 2022
Genu Dagadu Shinde ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 1284 OF 2022
Smt. Archana Bhausaheb Divate ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 1290 OF 2022
Keshav Ashruba Unde ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 4839 OF 2022
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Nitin Navanath Jadhav ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 1313 OF 2022
Smt. Yogita Vitthal Gadhave ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 4837 OF 2022
Smt. Meena Somnath Chakor ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 1352 OF 2022
Santosh Sampat Kashid ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 1357 OF 2022
Chhaya Balaso Jagdale
@ Chhaya Sanjay Thorat ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 3454 OF 2022
Shri. Ramchandra Vithal Sawant ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 3455 OF 2022
Mrs. Sarika Ajay Ghorpade ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2199 OF 2025
Samadhan Abhiman Sakhare ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2190 OF 2025
Dnyaneshwar Baban Jagtap ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 3654 OF 2024
Ajitrao Dadasaheb Dhere & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5252 OF 2025
Rahul Shivaji Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5255 OF 2025
Gorakshnath Krushnadev Khade & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 3360 OF 2024
Komal Vijay Jadhav & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 3356 OF 2024
Santosh S/o Yashwant Doke & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 3355 OF 2024
Shilpa Shivling Velekar & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5304 OF 2024
Shubhangi Dipak Nalawade & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5305 OF 2024
Bharat Shivgonda Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 3366 OF 2024
Shalaka Prakash Deshmukh ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 4719 OF 2025
Pallavi Mogal Jadhav ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12654 OF 2024
Manisha Namdeo Mengar ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 9752 OF 2024
Ganesh Kalidas Godage & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5243 OF 2025
Amol Subhashrao Kharade ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5247 OF 2025
Sanket Bhausaheb Lande ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 9772 OF 2022
Jagadish Laxman Vishe & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 9770 OF 2022
Chandrakant Bhausaheb Pokale & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 9781 OF 2022
Avinash Bhanudas Barde & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 9776 OF 2022
Smt. Sarika Baburao Godase & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12800 OF 2022
Smt. Shital Chandrakant Trimbake & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 9778 OF 2022
Chandrakant Tukaram Kadam & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 13935 OF 2025
Birudev Bhajandas Kokare & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION (ST) NO. 13937 OF 2025
Supriya Subhash Salunkhe ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12653 OF 2024
Yogita Jagannath Bhise ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12656 OF 2024
Santosh Shankarrao Nisalkar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12638 OF 2024
Kiran Santaji Bhosale & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12655 OF 2024
Dnyaneshwar Gundopant Doke & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 7457 OF 2025
Rohini Baban Jagtap ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 8760 OF 2025
Tejaswini Vilas Shinde & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 8761 OF 2025
Bhagyashree Dinesh Patil & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5280 OF 2025
Kakasaheb S/o Mahadev Tele & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 7810 OF 2025
Anita Bajirao Shinde ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 8759 OF 2025
Sheetal Vasant Gaikwad ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 8757 OF 2025
Bhakti Mohan Patil & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 1522 OF 2024
Priyanka Praveen Bhoite ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 19189 OF 2024
Dnyaneshwar Sitaram Lokhande & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12413 OF 2022
Smt. Jyoti Uddhav Gore ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16159 OF 2024
Suhas Govind Jadhav ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 11997 OF 2024
Sachinkumar Shankarrao Patil & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 1836 OF 2024
Rohidas S/o Vitthal Botre & Ors. ...Petitioners
Versus
The State of Mahrashtra & Ors. ...Respondents
Sunny Thote 10 of 59
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WITH
INTERIM APPLICATION NO. 1516 OF 2024
IN
WRIT PETITION NO. 1836 OF 2024
Rohidas S/o Vitthal Botre & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 11185 OF 2024
Pravin Dileep Dhale & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 10798 OF 2024
Gorakh Moreshwar Deokar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 11187 OF 2024
Gorakh Moreshwar Deokar & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 11188 OF 2024
The Secretary, Rayat Shikshan Sanstha & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 10800 OF 2024
Ganesh Devidas Pandit & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 10799 OF 2024
Dattatraya Dnyandev Unde & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 10802 OF 2024
Sunil Shripatrao Vairal & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 10801 OF 2024
Munna Iqbal Shaikh & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 11195 OF 2024
Nilesh S/o Shivaji Vakhare ...Applicant
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 11199 OF 2024
The Secretary, Rayat Shikshan Sanstha & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 11200 OF 2024
Santosh Ashok Devare & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
INTERIM APPLICATION NO. 11202 OF 2024
The Secretary, Rayat Shikshan Sanstha & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 1837 OF 2024
Sachin S/o Appaso Sawant & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 11636 OF 2024
Savita Devram Pawar ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 11649 OF 2024
Sampat Bapurao Aher ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 1838 OF 2024
WITH
INTERIM APPLICATION NO. 1514 OF 2024
Rupesh Ramakant Koli & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 15830 OF 2024
Jayshri Tukaram Chougule & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 5011 OF 2024
Priyanka Shyam Katkar ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 18366 OF 2024
Vinod S/o Hiraman Gavakar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 9648 OF 2022
Satish Balaso Patil ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16363 OF 2024
Kishor Raghunath Kharnar & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12328 OF 2025
Manisha D/o. Bhimrao Ugale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12330 OF 2025
Radhika Baban Darekar ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 12349 OF 2025
Parshuram Kondiba Aakhade ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 12348 OF 2025
Tejswini Dattatraya Jagtap ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 1839 OF 2024
Prashant Vishnu Phalke & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16721 OF 2024
Sonal Machhindra Dhamane & Anr. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 17722 OF 2024
Manoj Bharat Khapale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 5331 OF 2021
Jyoti Parashuraam Patil ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 17779 OF 2024
Laxman Gajendra Parande & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2133 OF 2024
Ganesh Mohan Jagtap & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 8755 OF 2025
Varsha Suchendra Sawant & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2132 OF 2024
Gajanan Shamrao Salunkhe & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2112 OF 2024
Chetan Prakash Mane & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 18203 OF 2024
Reshma Anandrao Gaikwad & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 2142 OF 2024
Archana Sachin Salunkhe & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2138 OF 2024
Shubhada Narayan Khatake & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 1844 OF 2024
Vijay S/o Ananda Jadhav & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2140 OF 2024
Rani Pratap Bobade & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2141 OF 2024
Vidya Bharat Pawar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 2143 OF 2024
Kailas Dhondibhau Nanekar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
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WITH
WRIT PETITION NO. 17780 OF 2024
Usha Nivrutti Kuchekar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16776 OF 2023
Santosh S/o Ashok Devare & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO. 33914 OF 2024
IN
WRIT PETITION NO. 16776 OF 2023
Rushikesh Sunil Patil & Ors. ...Applicants
Versus
Santosh S/o Ashok Devare & Ors. ...Respondents
WITH
WRIT PETITION NO. 16777 OF 2023
Nilesh S/o Shivaji Vakhare & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16780 OF 2023
Seema Suresh Dange
@seema W/o Rushikesh Kale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16785 OF 2023
Prashant S/o Uttam Tapare ...Petitioner
Versus
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The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 16791 OF 2023
Ashabai Babulal Khatal ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 18611 OF 2024
Yogendra Babasaheb Bhosale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 18862 OF 2024
Pranav S/o Prakash Mohalkar & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION (ST) NO. 36879 OF 2024
Omkar Vasant Shinde & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
WITH
WRIT PETITION NO. 19545 OF 2024
Sandip Harishchandra Bankar ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 1824 OF 2024
Smt. Vandana Balasaheb Auti ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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AND
WRIT PETITION NO. 1827 OF 2024
Smt. Vijaya Vilas Dhaigude ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 12978 OF 2024
Varsha Sopan Gunjal & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION (ST) NO. 20170 OF 2024
Koli Prakash Shivaji And Ors ...Petitioners
Versus
The State Of Maharashtra and Ors ...Respondents
WITH
INTERIM APPLICATION (ST) NO. 8816 OF 2025
IN
WRIT PETITION(ST) NO. 20170 OF 2024
Koli Prakash Shivaji & Ors. ...Applicants
Versus
The State of Maharashtra & Ors. ...Respondents
AND
WRIT PETITION NO. 2251 OF 2025
Mandakini Sampat Balgude ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 2350 OF 2025
Sagar Laxman Mhetre And Anr ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
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AND
WRIT PETITION NO. 5901 OF 2025
Mr. Saple Rajendra Vaman ...Petitioner
Versus
The State Of Maharashtra and Ors. ...Respondents
AND
WRIT PETITION NO. 7378 OF 2025
Pallavi Baburao Upadhye ...Petitioner
Versus
The State Of Maharashtra and Ors. ...Respondents
AND
WRIT PETITION NO. 8015 OF 2025
Vidya Murlidhar Mohite ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION (ST) NO. 8234 OF 2025
Fatangre Mahesh Laxman ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 8699 OF 2025
Meena Popatrao Gorde And Ors ...Petitioners
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 8763 OF 2025
Vikas Hari Kumbhar ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
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AND
WRIT PETITION NO. 9956 OF 2025
Pallavi Maheshkumar Shinde ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 9986 OF 2025
Barge Swapnali Murlidhar And Anr ...Petitioners
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 13704 OF 2025
Sujata Shravan Ahire ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 14914 OF 2025
Vandana Kamlesh Kamble ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 15362 OF 2025
Ganesh Dilip Bhapkar And Ors ...Petitioners
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION NO. 16055 OF 2025
Nitin Shankar Malusare And Anr ...Petitioners
Versus
The State Of Maharashtra and Ors ...Respondents
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AND
WRIT PETITION NO. 16167 OF 2025
Somnath Babasaheb Borude ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
AND
WRIT PETITION(ST) NO. 17400 OF 2025
Rajashri Keshav Sonawane ...Petitioner
Versus
The State Of Maharashtra and Ors ...Respondents
----
Mr.Hasnain Kazi with Mr.Shraddha Vavhal and Ms.Simran Shaikh
for the Petitioner in WP No. 5901 of 2025.
Mr.Abhijit A. Devkhile for the Petitioners in WP No. 2177 of 2022
and WP No. 460 of 2025.
Mr.Harsh S. Rathod i/b. Mr.Nitin Gaware Patil for the Petitioners in
WP Nos. 12330 of 2025, 12349 of 2025, 12348 of 2025, 19545 of
2024, 12328 of 2025 and 16167 of 2025.
Mr.Vijay B. Jagtap with Mr.Siddharth Ghodke and Mr.K.B.Wagh
for the Petitioners in WP Nos. 11636 of 2024 and 11649 of 2024.
Mr.Abhijit A. Devkhile for the Petitioners in WP No. 9986 of 2025
and WP (St.) No. 20170 of 2024.
Mr.N.V.Bandiwadekar, Senior Advocate with Mr. Vinayak
Kumbhar, Mr.Rajendra Khaire and Mr.Aniket Phapale i/b.
Ms.Ashwini Bandiwadekar for the Petitioners in WP (St.) Nos. 90
of 2022, 1282 of 2022, 1352 of 2022, 1357 of 2024, 1284 of 2022,
1313 of 2022 and WP Nos. 4839 of 2022 and 4837 of 2022.
Mr.Mihir Desai, Senior Advocate with Mr.Pradeep Yadav i/b.
Mr.Saumitra Salunke for the Petitioner in WP No. 11997 of 2024.
Mr. Pradeep Yadav for Petitioners in WP Nos. 18203 of 2024, WP
No. 17780 of 2024, WP No. 3360 of 2024, WP No. 3355 of 2024,
WP No. 3366 of 2024, WP No. 12654 of 2024, WP No.12656 of
2024, WP No. 17779 of 2024, WP No. 2112 of 2024, WP No. 2138
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of 2024, WP No. 2140 of 2024, WP No. 2141 of 2024, WP No. 2143
of 2024, WP No. 18611 of 2011, 4719 of 2025, WP No. 5243 of
2025, WP No. 8757 of 2025, WP No. 8760 of 2025, WP No. 8761 of
2025, WP No. 7457 of 2025 WP No. 8755 of 2025, WP No. 15741
of 2024, WP No. 7810 of 2025 and WP No. 8759 of 2025.
Mr. Saumitra Salunke, Advocate for Petitioner in WP No. 2142 of
2024 i/b Mr. Pradeep Yadav in WP No. 12638 of 2024.
Ms. Swapnali Chavan, Advocate for Petitioners in WP No. 12653 of
2024, WP No. 12655 of 2024, WP No. 2133 of 2024, WP No.
2132/2024.
Mr. Pradeep Yadav, Advocate for Petitioners in WP No. 9956 of
2025.
Mr. Mahesh Deshmukh i/b Mr. Rahul Temak, Advocates for the
Petitioners in WP Nos. 16775 of 2023, 16776 of 2023, 16777 of
2023, 10798 of 2024, 10801 of 2024, 10800 of 2024, 10802 of
2024, 10799 of 2024, 1836 of 2024, 1837 of 2024, 1838 of 2024,
1839 of 2024, 1844 of 2024, 3654 of 2024, 3356 of 2024, 9752 of
2024, 19189 of 2024, 18366 of 2024, 16721 of 2024, 18862 of
2024, 5252 of 2025, 13935 of 2025, 5280 of 2025, 15830 of 2024,
16363 of 2024, 17722 of 2024, 5255 of 2025, 13937 of 2025, 8763
of 2025, 15362 of 2025, 16055 of 2025.
Mr. A. A. Kumbhakoni, Senior Advocate i/b Mr. Akshay P. Shinde,
Advocates for Respondent No.4 in WP No. 16775 of 2023.
Mr.Rohit Parab for the Applicants in IA (St) Nos. 34058 of 2024 and
33914 of 2024.
Ms.Shraddha Pawar i/b. Mr.Sharad Bhosale for the Petitioners in
WP Nos. 2190 of 2025 and 2199 of 2025.
Mr.Sahil Choudhary i/b. Mr.Dhananjay D. Ranaware for the
Petitioner in WP No. 12978 of 2024.
Mr.Sahil Choudhary i/b. Mr. Dhananjay Mane for the Petitioners in
WP Nos.7378 of 2025 and 8699 of 2025.
Mr.Dilip Bodake for the Petitioners in WP Nos. 5304 of 2024, 5305
of 2024, 9772 of 2022 and WP (St.) Nos. 17400 of 2025, 14914 of
2025 and 13704 of 2025, WP (St.) No.8234 of 2025, WP Nos. 2350
of 2025, 2251 of 2025, 5011 of 2024, 12413 of 2022, 9770 of 2022,
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9781 of 2022, 9776 of 2022, 12800 of 2022 and 9778 of 2022.
Mr. B V Samant, Addl. GP a/w Mrs. P M Joshi Deshpande, AGP for
the Respondent -State in WP No. 16775 of 2023 with
IA(ST)/34058/2024 WP(ST)/90/2022, WP/15741/2024,
WP(ST)/1282/2022, WP(ST)/1284/2022 WP(ST)/1290/2022,
WP/4839/2022, WP(ST)/1313/2022 WP/4837/2022
WP(ST)/1352/2022.
Mr. B. V. Samant, Addl. GP a/w Mr. V.G.Badgujar, AGP for the
Respondent -State in WP(ST)/1357/2022, WP/3454/2022,
WP/3455/2022, WP/2199/2025, WP/2190/2025,
WP(ST)/3654/2024, WP/5252/2025,
WP/5255/2025,WP/3360/2024, WP/3356/2024, WP/3355/2024,
WP/5304/2024, WP/5305/2024, WP/3366/2024, WP/4719/2025,
WP/12654/2024, WP/9752/2024, WP/5243/2025, WP/5247/2025,
WP/9772/2022, WP/9770/2022, WP/9781/2022, WP/9776/2022,
WP/12800/2022, WP/9778/2022, WP(ST)/13935/2025,
WP(ST)/13937/2025, WP/12653/2024, WP/12656/2024,
WP/12638/2024, WP/12655/2024, WP/7457/2025, WP/8760/2025,
WP/8761/2025, WP/5280/2025, WP/7810/2025 WP/8759/2025,
WP/8757/2025, WP/1522/2024,WP(ST)/19189/2024
WP/12413/2022, WP/16159/2024, WP/10727/2023,
WP/11997/2024, WP/1836/2024, IA/1516/2024, IA/11185/2024,
WP/10798/2024, IA/11187/2024, IA/11188/2024, WP/10800/2024,
WP/10799/2024, WP/10802/2024 WP/10801/2024 , IA/11195/2024,
IA/11199/2024, IA/11200/2024, IA/11202/2024, WP/1837/2024,
WP/11636/2024, WP/11649/2024, WP/1838/2024, IA/1514/2024,
WP/15830/2024, WP/5011/2024, WP/18366/2024, WP/9648/2022,
WP/16363/2024, WP/12328/2025, WP/12330/2025,
WP/12349/2025, WP/12348/2025, WP/1839/2024, WP/16721
/2024, WP/5331/2021, WP/17779/2024, WP/2133/2024,
WP/8755/2025, WP/2132/2024, WP/2112/2024, WP/18203/2024,
WP/2142/2024, WP/2138/2024, WP/1844/2024, WP/2140/2024,
WP/2141/2024, WP/2143/2024, WP/17780/2024, WP/16776/2023,
IA(ST)/33914/2024, WP/16777/2023, WP/16780/2023,
WP/16785/2023, WP/16791/2023, WP/18611/2024,
WP/18862/2024, WP(ST)/36879/2024, WP/19545/2024 and WP
(ST) No. 8234 of 2025.
Mr. B.V.Samant, Addl.GP for the Respondent -State in WP No. 1824
of 2024, WP No. 1827 of 2024, WP (St.) No. 17400 of 2025 and WP
No. 5901 of 2025.
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Mr. P.P.Kakade, Addl.GP a/w Smt. G.R. Raghuwanshi for the
Respondent -State in WP No. 8763 of 2025, WP No. 9956 of 2025,
WP No. 2350 of 2025 WP No. 8015 of 2025 and 9986 of 2025.
Mr.P.P.Kakade, Addl.GP with Ms. Priyanka Chavan, AGP for the
Respondent -State in WP No. 13704 of 2025 and WP No. 14914 of
2025.
Mr.P.P.Kakade, Addl.GP with Mr.S.H.Kankal, AGP for the
Respondent -State in WP No. 12921 of 2023.
Mr.B.V.Samant, Addl. GP with Mrs. P.M.J.Deshpande, AGP for the
Respondent -State in WP No. 16501 of 2023.
Mrs.P.M.J.Deshpande, AGP for the Respondent -State in WP No.
2251 of 2025.
Mrs.T.N.Bhatia, AGP for the Respondent -State in WP No. 16055 of
2025.
----
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
RESERVED ON : 28th NOVEMBER, 2025
PRONOUNCED ON : 4th DECEMBER, 2025
FINAL ORDER (PER : RAVINDRA V. GHUGE, J) :-
1. The learned Senior Advocates and the learned
Advocates appearing for the litigating sides before us, have
consented to have the claims of all these Petitioners, and of those
similarly situated employees, who are not Petitioners or have not
approached any Court, to be placed before a Single Member
Committee comprising of an Hon'ble retired Judge of the Bombay
High Court. Therefore, we are now referring to certain details
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emerging from our earlier orders passed in these proceedings, so as
to facilitate a bird's eye view to the learned Judge Committee. The
purpose for adverting to certain orders passed earlier is only to
enable the learned Judge, to have a view of the history/back ground
of this litigation/proceedings, when he would deal with the claims of
the Petitioners and the Management.
HISTORY/BACK GROUND OF THIS LITIGATION
2. When many of these Petitioners approached this Court
and filed several Petitions, consent terms dated 13th September, 2021
were arrived at between the Assistant Teachers and the
Respondent/Management, which were placed on record in Writ
Petition No.2549 of 2018. All those Assistant Teachers claimed to
have been working on temporary basis or clock hour basis or ad-hoc
basis, etc.
The consent terms indicate that the Petitioners before
the Court would be reinstated on the basis of availability of 'subject
wise posts' and their 'subject wise seniority'. A combined list of
such Petitioners would also include names of other similarly
situated teachers, who have not approached the Court, but who were
in service of the Management till the academic year 2016-2017. The
consent terms provided a mechanism which would facilitate taking
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the Petitioners on 'unaided' establishments, obtain approvals for
such deployment from the concerned education department and then
transfer them to full time Assistant Teachers on sanctioned aided
establishment, strictly as per their seniority and availability of
subject wise vacant posts. All the Petitioners agreed to give up their
past monetary claims by tendering undertakings.
However, further problems emerged as regards the
implementation of the consent terms, leading to the present round of
litigation.
3. The Management had filed an affidavit in terms of the
order of this Court dated 27th August, 2024 indicating that they had
1144 vacant posts available in the aided establishment for the
Primary, Secondary and Higher Secondary Schools. 814 out of these
available posts, were advertised on the Pavitra Portal. A seniority list
which was formalized in accordance with the consent terms,
indicated 1626 persons which included 268 Petitioners and 1358
Non-Petitioners. It was agreed that they would be first
accommodated in the 'unaided division' and thereafter in the 'aided
division', as per their seniority.
4. During the several lengthy hearings in these
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proceedings, several disputed issues cropped up. Several directions
were issued to the Management and the State Government, calling
for better details to be placed before the Court. However, the issues
being raised before the Court, the stands taken by the respective
sides and the prayers/demands of the employees, seemed to
complicate the issues even further and there was no resolution to the
issues, visible even on the horizon. The Management was getting
anxious as the vacancies were growing due to several factors, and
recruitment was getting delayed. The education of thousands of
students began to suffer due to lack of appointment of teachers and
the largest education institution in Asia, was crumbling under the
pressure of meeting the needs of the students.
5. On 12th February, 2024, this Court at the Aurangabad
Bench, dealt with Civil Application No.1873 of 2024 in Writ
Petition No.180 of 2024 (Gorakh Moreshwar Deokar and Ors. V/s.
The State of Maharashtra and Ors.) and connected matters, and
passed an order, which reads as under :-
1. In the Writ Petitions, we had initially issued
notice on 19th October, 2023. The Parties were
served. On 4th January, 2024, we granted the
Education Society time to file it's reply till
17th January, 2024. Even on 17th January, the
reply was not filed. So an order was passed that
the affidavit in reply should be filed on or before
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8th February, 2024. Even then, the Education
Society has not filed the Reply.
2. Today, these Petitioners are before us through
their Civil Applications with the grievance that
the compromise terms arrived at in Writ Petition
No.2549 of 2018 between the Petitioners and the
Respondent Education Society before this Court
at the Principal Seat, dated 13.09.2021, are not
being complied with. Paragraph Nos.3 and 4 are
read out to us, which are as under :
"3. After the Petitioners would be reinstated
as mentioned hereinabove, the Respondent
Management shall prepare a combined list of
all the Petitioners, working on temporary
and Clock Hour Basis. The said combined
seniority list shall also include the names of
other Teachers, who have not filed similar
Writ Petitions in this Hon'ble Court against
the Management, but who were in service
under the Respondent Management till the
Academic Year 2016-2017. The seniority of
the Petitioners shall be on the basis of the
date of their initial appointment under the
Respondent Management. Such a seniority
list shall be prepared by the Respondent
Management within a period of 6 weeks from
today and thereafter the same shall be
published on the website of the Management
and it shall also be circulated amongst all
the Petitioners for verification and
confirmation, and the Petitioners shall sign
the said combined seniority list in token of
having accepted the same within a period of
15 days.
After the Petitioners would be reinstated as
mentioned hereinabove, the Respondent No.3
shall prepare a combine seniority list from
A.Y.1990 to A.Y. 2016-2017 of all the
Petitioners as well as of those Teachers who
have not filed the Writ Petitions, but who
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were actually in service in the A.Y. 2016-
2017.
4. The Respondent - Management shall
utilize / operate the aforesaid combined
seniority list for the purposes of making
appointments of the Petitioners and other
Teachers on the permanent posts, as and
when the permanent vacancy would become
available in the Schools / Junior Colleges of
the Respondent - Management. However the
same shall be subject to the condition of
concerned Teachers included in the said
combined seniority list showing their
readiness and willingness and giving
Undertaking that they are ready to join any
School / Junior College of the Respondent -
Management where he shall be posted, and
he shall not insist for a particular place or
post, with further compliance with regard to
the educational qualifications required for
the said post, but being granted the age
relaxation required for the said post."
3. The learned Advocate for the Respondent
Education Society submits that the reply will be
filed within three days. The learned Advocate for
the Petitioners submits that today is the last date
for locking the preference by those petitioners,
whose names are set out in the common seniority
list, which is prepared. We are informed that many
of the Petitioners have applied and may be
considered, but some of them have not. We grant
liberty to those Petitioners or such employees who
may have not applied/locked their preferences, to
immediately make their applications through the
Online process which is to end today. We permit
those who have not applied, to lock their
preferences, through the Online mode till
11.59 p.m. today.
4. Let the reply of the Education Society be filed
on or before 16.02.2024.
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5. List these Civil Applications in the urgent
orders category on 21.02.2024. Until then, the
appointments shall not be made.
6. In one of the further hearings, this Court had passed the
following order :-
" On 04/7/2024, we had passed the following
order :
In these petitions, as pointed out by the
learned Counsel for the parties, reply of the
State would be necessary.
2. Considering the likely impact of the
decision on the subject matter, the Secretary,
School Education and Sports Department,
State of Maharashtra will ensure that
necessary instructions are given to the Office
of the Government Pleader within a period
of three weeks from today so that reply can
be filed before the next date.
3. Stand over to 7 August 2024.
4. The learned Addl. GP states that copy of
this order will be forwarded to the Secretary,
School Education and Sports Department."
2. We have entered in 2025, but till date
unfortunately, the State Government has failed to
comply with the aforesaid direction.
3. Schedule 'F' relating to the seniority list as
contemplated under Rule 12 of the Maharashtra
Employees of Private Schools (Conditions of
Service) Rules, 1981, set out the guidelines for
fixation of seniority of teachers in the Primary
Schools/Secondary Schools/Junior Colleges etc
and category 'C' of schedule 'F' underwent the
substantial amendment by issuance of notification
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on 24/03/2023, by the School Education and
Sports Department.
Category 'C' itself stood substituted by a new
category and definitely this has impacted a large
number of teachers working in Primary
Schools/Secondary Schools/Junior Colleges.
The crucial point for determination in order to
assess how much it has impacted the teachers is
firstly to ascertain whether the notification dated
24/03/2023, will have prospective operation but
we are informed that the Director/Deputy
Director of Education Department have already
issued directions for revising the seniority list
under category 'C' by applying the notification of
24/03/2023.
We specifically queried with Shri. Samant, the
learned Additional Government Pleader, as to
whether the notification is given a retrospective
effect by clearly indicating so, and according to
him prima facie no such indication is visible.
If it is not so, then the normal rule for
interpretation of a statutes would come into
picture. However, since we are aware that large
number of teachers are awaiting the decision of
the State Government on this point, whether it will
have a retrospective effect and we have already
directed the State Government to make its stand
clear as early as in July, 2024, we expect the
Principal Secretary, School Education and Sports
Department to file his affidavit, restricting himself
only to the point whether the notification issued
on 24/03/2023, has a retrospective effect and if if
is so, on what basis does it claim to be so.
We direct the affidavit to be filed on or before
24/01/2025, and pursuant thereto, we direct
listing of the petition on 29/01/2025, at 2:30 p.m.
4. Since, learned counsel Mr. Desai, representing
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the petitioner has made it very clear that if this
clarification comes from the State Government,
the issue involved in the Writ Petition would be
much more simplified and according to us not
only in this group of Petition but several other
petitions this question is repeatedly raised, and
we hope and trust that the Education Department
shall offer the desired clarification at the earliest
to save multiple proceedings being instituted in
this Court.
Across the bar we are informed that several
petitions filed before the Principal Seat as well as
the benches, which involve the similar issue about
the effect of the notification issued by the State
Government. To be listed along with WP No.
11245 of 2023, WP No.3908 of 2024 and WP
No.3845 of 2024.
WRIT PETITION NO.16776 OF 2023
5. In Writ Petition No.2549 of 2018, the Consent
Terms were tendered in the Court on 13/09/2021,
which recorded a consent on part of the
respondent Management to reinstate the
petitioners in the petitions, who were working as
Assistant Teachers in the respondent Management
on temporary basis/clock hour basis and/or, who
were discontinued after filing the present Writ
Petition.
A consensus was reached that the petitioner is
reinstated in the respective post/schools and they
shall continue on the same post.
The Consent Terms also record that the
reinstatement of the petitioner shall be on the
basis of the availability of subject-wise post and
the seniority of the petitioner in that subject for
the purpose of reinstatement only.
6. Paragraph no.3 of the Consent Terms recorded
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that the Management shall prepare a combined
list of all the petitioners, working on temporary
and clock hour basis, and it shall include the
name of the other teachers, who have not filed
similar Writ Petitions before the Court, but who
were in service of the respondent- Management
till the academic year 2016-2017. This list was
agreed to be prepared within period of 6 weeks
and publish on the website of the Management
and to be circulated for verification and
confirmation.
The Consent Terms set out the mechanism by
which the petitioners would be initially taken on
no grant basis and approval shall be accorded to
them by the Education Department of the State
Government and subsequent thereto, they shall be
transferred to the full time Assistant Teachers
sanctioned on aided basis, strictly as per their
seniority and subject to availability of the vacant
posts of their respective subject.
The Consent Terms expected it to be a step wise
procedure and the petitioners have agreed to give
up their monetary claim, by filing an undertaking.
7. We have before us the petition filed by one
Santosh Devare and 6 ors, who were not party to
the Writ Petition No.2549 of 2018, but derive its
benefit from the consensus recorded in the
Consent Terms, urge that once they are placed in
the seniority list that has been prepared by the
Management the same modus operandi for their
absorption first in the unaided and then in the
aided section shall be made applicable to them.
A group of petitions are listed before us pursuant
to an administrative order passed by the Hon'ble
the Chief Justice and we had received the
petitions from Aurangabad Bench, which are
tagged and listed today.
8. On hearing the respective counsels for the
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petitioners, each petition depicting a different
scenario and Mr. Kumbhakoni, Senior Advocate,
appearing for the Management Rayat Education
Society, as well as Mr. Samant, representing the
State Government, we are of the view that the
procedure need to be streamlined as now not only
the petitioners, but those who have not filed the
petition but are seeking extension of the benefit of
the Consent Terms dated 13/09/2021, are before
us and along with them we have the persons, who
had been selected through Pavitra Portal,
pursuant to 814 posts being advertised,who are
awaiting their turn to be accommodated in the
aided section of the various schools run by the
Management.
We are prima facie of the view that, we should at
the outset ensure compliance of the Consent
Terms dated 13/09/2021, qua the petitioners along
with the non-petitioners, as now the Management
has prepared a common seniority list and they
deserve an equal treatment despite the fact that
they were not the petitioners earlier.
9. We have before us an affidavit filed by the Joint
Secretary of Rayat Shikshan Sanstha, Satara, in
terms of the order dated 27/08/2024, from where
we can collate, that the respondent Management
had total 1144 vacant seats available in aided and
this included the post on Primary, Secondary and
Higher Secondary schools. Out of these posts 814
were advertised on Pavitra Portal, covering the
three divisions.
On the other hand, the seniority list which was
drawn in terms of the Consent Terms is prepared
of 1626 persons, which included 268 petitioners
and 1358 non-petitioners.
As per the Consent Terms, the seniority list is to
be operated in a manner that the persons named
in the seniority list shall be first accommodated in
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the unaided division and thereafter in the aided
division.
The affidavit contain a specific statement in
paragraph no.13, that the Management has
forwarded the proposals for appointment of 610
candidates in the unaided division and this
include 250 proposals of the petitioners and 360
of those, who were not the petitioners.
Out of this 610 proposals 269 are approved by the
Education Department and this include 246
petitioners and 23 non-petitioners.
10. Looking at the aforesaid statistics prepared in
the affidavit, we were surprised to see as far as
non-petitioner category is concerned out of 360,
the Education Department had only considered
23, teachers fit for approval and these candidates
are further circulated for their consideration in
the aided division.
At this stage itself, we would like to have the
response of the State Government as to why the
proportion of rejection of the proposal of the non-
petitioners is comparatively higher as against the
petitioners as 246 persons out of 250 have
received approval from the Education Department
on unaided posts. Out of these 246, which
received approval, 238 where proposed for
transfer to the aided division, out of which 221
proposals have received approval from the
Education Department, and only 4 out of the 23
are considered eligible for being accommodated
on the aided posts.
11. What is prima facie evident to us is the
discrepancy in the figures of the petitioners
proposals and the proposals of the non-petitioners
and since, we find a huge variance, we would like
Mr. Samant, the learned Additional Government
Pleader, to produce before us the data in a tabular
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form in respect of the 360 non-petitioners, of
whom only 23 have been approved on unaided
basis.
12. Since, the Consent Terms are executed on
13/09/2021, it is almost 4 years when the whole
mechanism ought to have been worked out, but
for some reason the procedure is dragging its feet,
and though we do not intend to blame anyone at
this prima facie stage, but expect the cooperation
of the Education Department, as well as the
Management, as the Management being
represented by Mr. Kumbhakoni, has willingly
stated before us that they are ready to abide by the
understanding arrived as recorded in the Consent
Terms, but the posts must be available for the
accommodation.
13. There is no clarity as to how many posts on
aided and non-aided division are available, and,
therefore, we direct Mr. Kumbhakoni, the learned
Senior Counsel representing the Management to
place before us the following:
a) The statistics about the available posts with the
respondent Management on aided and non-aided
division as on 31/12/2024.
b) The projection of the posts, which are likely to
fall vacant and available for being filled in on
aided and un-aided division for two years i.e.
2025 and 2026.
c) The present statistics of the aided and un-aided
posts, which are occupied in the respective
schools including the petitioners, who are
appointed or absorbed in either aided or unaided
division in terms of the Consent Terms dated
13/09/2021.
14. We can only express that, the aforesaid
information would be of some assistance to us in
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redressing the grievance raised before us to
various Writ Petitions by the persons, who have
agreed to give up their back-wages, and also
await salary, when they are brought on aided
basis as presently they are being paid only by the
Management, and despite having been worked for
a longer period of time. We direct Mr. Samant, to
file an affidavit before us while he places the data
about how they are processing the proposals of
the non-petitioners, and how many proposals are
pending before them as on date.
Let the affidavit be filed within a period of four
weeks with the direction to furnish the affidavit in
advance to the counsel for the petitioners.
Re-notify to 10/02/2025, at 2:30 p.m.
Interim orders if any in operation are continued
till the next date.
7. In one hearing held on 21st April, 2025, we had the able
assistance of the learned Advocate General of the State of
Maharashtra, Dr. Birendra Saraf, along with the learned Senior
Advocates, Mr. Kumbhakoni and Mr. Desai, who represented the
sides. A strong need for resolving this issue was voiced by one and
all.
8. In our order dated 21st April, 2025, the submissions of
the learned Advocate General, Dr. Birendra Saraf and the learned
Senior Advocates, Mr. Kumbhakoni and Mr. Desai, were noted from
Paragraph Nos.7 to 12, as under :-
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"7. The learned Advocate General has
canvassed before us that the State Government is
facing a peculiar situation. On the one hand, the
Education Society has entered into a compromise with
several Petitioners. However, since some of the
appointments made by the Education Society appear
to be dehors the rules, the Government cannot grant
approval to such appointments through a sweeping
common order. The proposals that were forwarded to
the Government were considered and out of 610 such
proposals seeking approval, 274 were allowed and
336 have been rejected.
8. The further difficulty with the State
Government is that the Pavitra Portal selectees are
waiting for more than 15 months for appointments.
Having passed the selection test through the Pavitra
Portal, they have a legitimate right to be appointed
since there are vacancies available and their
selections, subject-wise, are meant for filling up such
vacancies. According to the records, as on date, there
are around 1481 vacancies on the aided establishment.
He submits that these Pavitra Portal selectees are now
becoming restless and are praying for liberty to opt for
other Institutions where permanent posts on the aided
establishment are available. They are under a
prohibition to change their options since once they opt
for a particular Institution while undergoing the
Pavitra Portal selection, they are not permitted to
change their options and shift to any other Education
Institution.
9. The learned Advocate General, therefore,
prays that by deducting the number of Petitioners
before this Court today, out of the 1481 vacancies on
the aided establishment, permission be granted by
slightly modifying the earlier order, for recruiting the
Pavitra Portal selectees. Insofar as the Petitioners
before this Court are concerned, equal number of
vacancies, out of 1481, may be kept vacant and the
Petitions may be heard finally.
10. The learned Senior Advocate Mr.
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Kumbhakoni appearing on behalf of the Rayat
Education Society submits that there are hundreds of
posts which are vacant today and unless these posts
are filled in, object of imparting education is likely to
be in jeopardized. There are continuous vacancies that
are occurring, primarily on account of retirements or
promotions and on account of voluntary retirement,
medical disability or the demise of an employee.
According to their records, it appears that in the
coming two years, another about 400 plus vacancies
are expected.
11. The learned Senior Advocate Mr. Desai and
the learned Advocates along with him submit that,
number of posts on the aided establishment, equal to
the number of the Petitioners before the Court today,
be kept vacant in order to enable a reasonable
opportunity to these Petitioners to establish their case
before the Court and in such an eventuality, they
would stand a good chance for being appointed atleast
on the unaided establishment, if not directly on the
aided establishment. They are Teachers who have been
working for more than one decade and some are
working even beyond two decades, for whom, a claim
for being absorbed on the aided establishment, would
be a prayer that would be strongly presented to the
Court. They are all united in submitting that out of the
1481 vacancies on the aided establishment, the posts
commensurate to the number of the Petitioners as on
date, may be kept vacant in order to give a fair chance
to these Petitioners to make out their case before the
Court.
12. In view of the above, the earlier order of
this Court dated 12th February, 2024 would stand
modified in the above terms."
9. We then concluded in the said order dated 21st April,
2025 in Paragraph Nos.15 to 19, as under :-
"15. For the purpose of making an assessment of
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the number of Petitioners, who have been in
employment from or before the Academic Year 2016-
2017 in the reverse order, for the sake of reference, the
learned Advocates of these Petitioners would tender a
list of such Petitions, with the number of Petitions and
the number of Petitioners, within 15 days. Such list
shall be forwarded to the State Government by the
Management after conducting a due scrutiny to assess
as to which of the Petitioners are working in the
Academic Year 2016-2017 and prior thereto.
16. Insofar as the long list of Pavitra Portal
selectees available with the State Government and for
which the learned Advocate General has sought a
relaxation, we record that after filling in the posts of
vacancies on the aided establishment in the order of
merit and subject-wise/reservation-wise, the available
Pavitra Portal selectees, who were not able to be
allocated the posts by following the aforesaid exercise,
would be permitted to change their options. The State
Government, without laying down any precedent and
as a one time measure in the peculiar facts and
circumstances, would allocate such Pavitra Portal
selectees to available Institutions where vacancies on
aided establishments are available and such
candidates, would then be deployed with such
Institutions by strictly following their merit list and
subject/ reservation. This would be subject to any
option as may be exercised by such Pavitra Portal
allottees.
17. Let this exercise be completed within 45
days after receiving the list from the Management and
the options exercised by the Pavitra Portal allottees,
once they have expressed their modified preferences.
18. Insofar as those proposals, which have
been rejected by the State Government, pursuant to the
earlier orders of this Court, the aggrieved candidates
would be at liberty to avail of a remedy as is
permissible in law. We expect that the decision
rejecting such proposals would be communicated to the
respective Managements as well as the employees,
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expeditiously. The decisions may be communicated
within three weeks, if not yet communicated.
19. Insofar as the vacancies on aided
establishments, which are to be filled in, in the light of
the aforesaid directions, the Education Society shall
prepare proposals in the order of merit and forward
them for approval to the competent Authority of the
State Government."
10. In our order dated 9th October, 2025, we issued certain
directions below Paragraph No.3(a to d), as under :-
3. All these matters are getting adjourned today as
there is no meeting of minds at this stage, between the
Management and the employees. We call upon the
Management to give us ready reference charts / data as
under :-
(a) All such teachers, who are the Petitioners before
us as well as similarly placed employees, who have not
approached the High Court and who have been
appointed prior to the Judgment of this Court in PIL
No.8 of 2015 Judgment dated 2416 of 2025.
(b) All such teachers who have been appointed prior
to the above-stated Judgment of this Court, on clock-
hour basis.
(c) list of teachers, who were appointed prior to the
Judgment, including (the Pavitra Portal), and are
presently working on aided establishments, without
approval.
(d) A separate list of teachers, who have also been
appointed prior to the Judgment, introducing the
Pavitra Portal, on un-aided establishments."
11. In view of the above, we notice that there are seriously
disputed innumerable issues which needed a resolution for the
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serious difficulty of lack of permanent teachers in one of the largest
Education Institution in Asia conducting 453 Secondary Schools, 67
Primary Schools, 8 Aashram Schools and 42 Senior Colleges and
allied institutions in the State of Maharashtra. The State
Government was also expected to adopt a reconciliatory stand and
assist in not only resolving the issue of employment of these
Petitioners and identically placed teachers, but even the larger issue
of timely deployment of teachers in various institutions for
imparting education to lakhs of students. It is a legitimate
expectation of every employee to have respectable service
conditions, security of employment and lead a dignified life. In the
absence of either, the employee would have no peace of mind. In the
case of a teacher, security of employment would facilitate
wholehearted involvement of the teacher in his primary and
foremost duty of imparting education to children.
12. In the above backdrop, we called upon the learned
Senior Advocates and the learned Advocates for the appearing
parties, to brainstorm on this issue and explore the possibility of a
reasonable resolution. While doing so, each candidate cannot have
the mindset that he/all would have the best of the available options.
If a resolution is to be reached to resolve this enormous issue, it
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would be necessary for all the parties to adopt a reconciliatory stand.
13. We were informed in the hearing today, 28th November
2025, that an initiative was taken by the Senior Advocates as well as
the learned Advocates representing the parties and all agreed to refer
this dispute to a Single Member Committee. Such Single Member
would preferably be a retired Judge of the High Court and who
would be assisted by deployment of staff by the State Government.
We are informed that there is a consensus in having Hon'ble Shri
Justice Rajesh G. Ketkar (retired Judge of the Bombay High Court),
as the single member committee.
14. In view of the consensus, the parties have presented the
following aspects for the consideration of the said Committee :-
[A] Learned Senior Advocate Mr. Kumbhakoni - Management
a) Some teachers working with the Institution who were not
permanent employees filed Writ Petition No. 2549 of 2018 in this
Hon'ble Court basically seeking regularization. In this Petition
Consent Terms dated 13/09/2021 were filed and the Petition was
disposed of finally in terms thereof by the order dated 13/09/2021,
which has thereafter been clarified on 29/10/2021.
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b) It is most pertinent to note that these Consent Terms were
entered into by and between the employees and the Institution alone
and the State Government as such was not a party to the same.
d) Salient features of the Consent Terms dated 13/09/2021
filed in Writ Petition No. 2549 of 2018 may be summarized as
under.
i) Admittedly, the Petitioners in the aforesaid proceedings
were working as Asstt. Teachers on temporary basis or CHB on
non-grant posts:
ii) Petitioners were to be reinstated where they were working
prior to their discontinuation i.e. on non-grant post and where
the posts commensurate to their education qualifications are
available.
iii) Petitioners therein undertook to join "such post" where
they would be reinstated, without insisting for any particular
post.
iv) The terms and conditions of their reinstatement shall be
the same of their original appointment.
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v) Reinstatement was on the basis of availability of subject-
wise post and seniority of the Petitioners on that subject-wise
category for the purpose reinstatement only.
vi) After reinstatement, combined seniority list of all the
Petitioners working on Temporary basis and CHB was to be
prepared.
vii) The above seniority list was to mention names of non-
petitioners who were in service of Respondent No. 4 from
Academic year 1990 till Academic year 2016-17 and the names
of only those who were actually in service in the A.Y. 2016-17
was to be included.
viii) This seniority list was to be operated for appointments of
the Petitioners and other teachers on permanent posts, as and
when the permanent vacancy would become available in
School/Jr. Colleges.
ix) The Respondent No. 4 was to send proposal to the
Education Officer/Dy Director of Education seeking approval
of appointment of all the Petitioners and Asstt. Teachers on
Temporary basis or CHB from the date of their initial
appointment.
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x) After receipt of such proposal, the concerned EO/Dy.
Director of Education, after scrutiny, was to grant approval
within 6 weeks from receipt of such proposal.
xi) In case any individual proposal is rejected, the aggrieved
person had liberty to file appropriate proceedings against the
Education Dept, wherein Respondent No. 4 was impleaded as
formal party only to limited extent to implement the order of
approval if granted in such proceedings.
xii) After grant of approval by the EO/Dy. Director of
Education, Respondent No. 4 undertook to transfer such
'approved Petitioners' working on 'unaided' posts to the Full
time Asstt. Teachers sanctioned on 'aided' basis, as per
seniority and subject availability of vacant posts of respective
subject.
xiii) In the backdrop of the aforesaid salient features of the
Consent Terms, the case of the present group of Petitioners is
required to be considered. Most of the Petitioners in the present
group of Petitions were not the Petitioners in the aforesaid Petition
in which the aforesaid consent terms were filed (hereinafter referred
to as 'non-Petitioners' for brevity).
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xiv) The Respondent No. 4 has already prepared the combined
seniority list as contemplated in the Consent terms. The said
seniority list is no longer in dispute. This seniority list contains 952
persons appointed on CHB basis and 654 persons appointed on
temporary/lumpsum basis, who were working in the academic year
2016-17. This seniority list does not contain persons working with
the Adhyapak Vidyalaya, leave-vacancy and self-finance
institutions. These excluded persons have also filed Petitions that
are part of the present group.
xv) The aforesaid undisputed seniority list contains 259
original Petitioners from the Petition in which the aforesaid consent
terms were filed. Additionally, it also contains 1367 non-Petitioners.
xvi) So far, 259 Petitioners and 351 non-Petitioners, total 610
persons, have already been appointed in the unaided vacant posts,
out of the aforesaid seniority list of 1626 persons. The Institution
forwarded their proposal for approval. Total 274 proposals are
approved out 610. Out of 274, 238 are transferred to aided posts.
Balance 36 are not transferred to aided posts on account of
unavailability of subject-wise vacant posts to accommodate them.
xvii) However, now the State Government has stopped granting
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approval for new unaided posts. As and when the approved teachers
are transferred to aided posts, unaided posts become available to
accommodate those who are in queue. Thus, Respondent No. 4 is
implementing the consent terms in its true letter and spirit.
xviii) Recruitment through 'Pavitra Portal' is a process of
recruiting eligible candidates 'directly' on 'unaided and aided' posts
unlike the Petitioners and non-petitioners who are beneficiaries of
consent terms, who are required to be firstly appointed on "unaided"
vacant posts, on the basis of seniority and expertise in subject, then
such appointment is required to be approved by the Competent
Authority and, thereafter, they are to be transferred to 'aided' posts
again on the basis of seniority and availability of subject-wise post.
Thereafter, again approval is required to be granted to such transfer
by the State Government. Appointments of persons recommended
by the State Government through Pavitra Portal are not required to
be approved by Education Department.
xix) The Institution vide its proposal/representation dated
12/09/2023 has requested the State Government that it ought to also
consider the proposals submitted by the institution for approval,
relating to the non-Petitioners and ought not to restrict the same to
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the Petitioners. The same is still pending consideration with the
State Government.
xx) While implementing the Consent Terms the Institution has
realized that, persons included in the aforesaid indisputable seniority
list are working in large numbers in the Higher Secondary branch.
Whereas there are lesser number of vacancies in that branch i.e.
Higher Secondary. On the contrary there are large number of
vacancies in the Secondary branch. Whereas, lesser number of
persons from the aforesaid indisputable seniority list are working in
that branch i.e. Secondary. There are many persons working in the
Higher Secondary branch who were/are willing to take up the
employment in the Secondary branch, in implementation of the
aforesaid Consent Terms. However, Rule 41A (1)(d) of the MEPS
Rules 2020 does not permit such transfer. Therefore, the Institution
has submitted a proposal/representation with the State Government
on 15/09/2023 seeking relaxation in the said Rule and permit the
Institution for such absorption, which is still pending consideration
of the State Government.
xxi) In terms of the Rule 41A (1)(c), before transferring any
employee from unaided branch to aided branch such employee is
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required to complete minimum 5 years of service on the unaided
side. In implementation of the Consent Terms, it is neither possible
nor permissible to appoint anyone directly on the aided side, though
vacancies are available thereat. Therefore, if the requirement of the
aforesaid period of minimum 5 years' service on the unaided side is
relaxed, it will be possible to shift approved teachers working on
unaided side to aided side, thereby also creating vacancies on
unaided side for speedy implementation of the aforesaid Consent
Terms.
xxii) In the backdrop of the aforesaid facts, the following Terms
of Reference are framed for consideration:
a) While considering the approval proposals submitted by
the Management in terms of Consent Terms, whether the
Competent Authority is required to make an inquiry on the
aspect as to whether proper procedure as contemplated in law
was followed by the Management while recruiting such
teachers, more particularly in view of the fact that in some
cases this inquiry was not undertaken by the Competent
Authority?
b) Whether the non-petitioners i.e. who were not petitioners
before the Court in which petitions the Consent Terms were
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filed are covered by the said Consent Terms and whether on the
ground that the proposal is of non-petitioner the Competent
Authority can reject the proposal?
c) Whether the benefit of Consent Terms can be extended to
Assistant Teachers appointed purely on CHB, leave vacancy
and self-financed institutes of Management?
d) Whether the benefit of consent terms can be extended to
Assistant Teachers who initially were appointed on CHB but
later on were appointed by the Management on
Adhoc/temporary basis?
e) Whether in view of restriction pertaining to transfer of
teachers from secondary to higher secondary and vice-versa
contained in Rule 41A (1)(d) of the MEPS Rules 2020,
teachers appointed in the Higher Secondary School can be
transferred to Secondary School by creating an exemption
and/or relaxing such condition in the peculiar facts of the
present case?
f) Whether the condition contained in Rule 41A (1)(c) of the
MEPS Rules to the effect that unless a Teacher completes 5
years of service in unaided division he/she is not entitled to be
appointed on the aided division of the Management can be
applied/relaxed in the peculiar facts of the present case ?
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g) Whether, in view of the vacancies available on aided
division and the prolonged service rendered by the Petitioners,
maybe on CHB/Part time/temporary/lumpsum basis but taking
full time workload, the said Petitioners are entitled to be
directly regularized against the available aided posts in a time-
bound manner, thereby dispensing with the intermediate stage
of 'initial absorption on unaided posts"?
h) Whether the proposals for approval of
appointment/continuation of the Petitioners, which have been
submitted by the Management and are currently pending with
the Education Officer/ Dy. Director of Education for a
substantial period, are required to be decided within a time-
bound as fixed by the Committee to facilitate their inclusion in
the absorption process?
i) Whether the teachers who are already working on
aided/grantable posts for a prolonged period and are included
in the Combined Seniority List, are entitled to immediate
regularization against the said aided posts on priority basis by
adhering to the Seniority list?
j) Whether the Assistant Teachers who were not in service
prior to the academic year 2016-17 but were appointed either
for some part of the academic year or for the entire academic
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year 2016-17 are entitled to seek benefit under the Consent
Terms on the basis of such appointment?
[B] In addition to the above, note by Advocate Mr.
M.S.Deshmukh
Whether the proposals for approval of
appointment/continuation of Petitioners, which have been
submitted by the Management and are currently pending with
the Education Officer/Deputy Director of Education for
substantial period or returned or rejected are required to be
decided within a time bound manner as fixed by the Committee
to facilitate their inclusion in the absorption process?
[C] Note by other Advocates
The Committee can decide cases of all teachers covered
under the consent terms working in Rayat Institution Schools
upto 2016-17 or prior thereto, whether such persons were
parties to the consent Terms or not and whether such persons
were party to the present group of Petitions. Therefore, no
such teacher as above who does not participate in the
proceedings before the Committee/Commission, shall be
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entitled to raise any claim for appointment and it will be
presumed that such teacher has given up his/her claim for
appointment. The management of Rayat shall publish a notice
on its Notice board informing all teachers about the formation
of such Committee.
[D] The learned Additional G.P., Shri. Samant, on instructions and
in consultation with the State Government
a. The venue for the Committee work at Mumbai shall be
arranged by the State Government.
b. One Stenographer and Two Assistants shall be provided
to the Committee.
c. All conference-related expenses of the Committee,
including conference room charges, conveyance, refreshments,
etc. shall be borne equally by the State Government and Rayat
Management.
d. The honorarium of the learned Member of the
Committee shall be paid equally by the State Government and
Rayat Management.
15. We make it clear that, besides the issues as suggested
by the parties and as are reproduced herein above, if the learned
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Member finds incidental or co-related issues emerging from the
records for his consideration, he would be at liberty to deal with
them.
16. Each of the (a) Petitioners and those individuals who
have not initiated any litigation, but are identically placed, (b) the
Management and (c) the authorized representative of the State
Government through the Education and Sports Department, would
present their cases before the learned Member, for consideration.
17. We leave it to the learned Member to device a
procedure, as he may deem fit and appropriate, for conducting the
proceedings. This would include, permitting the parties to submit
their written claims and submissions, their documents, proof of
having worked, etc. He is authorised to direct the
State/Management/individuals, to put up notices of hearing, invite
the claims/submissions, direct filing of documents, etc. and the
parties will be obliged to follow his directions/instructions.
18. It would be open for the Petitioners/individual teachers
to either have a representative to represent their cases, or entrust the
same to any office bearer of their Association or their Advocates, to
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espouse their cause before the Committee. Similarly the Education
Department as well as the Management would represent themselves
in a manner they desire, for representing their stand before the
Committee. Such person should be an officer who has the authority
to make statements for and on behalf of the State.
19. It is requested that the learned Member would submit
his report to the Management and a copy to the Principal Secretary,
Education and Sports Department, preferably on or before 31 st May,
2026. If he finds that it is not possible to submit a report within the
above prescribed timeline, the Management would file a single
Interim Application before this Court in the first Petition for seeking
extension of time.
20. After the learned Member tenders his report to the
Management/State, the Management would initiate appropriate
steps for implementing the suggestions of the Committee. The State
Government through its Education Department, would issue
consequential orders as may be necessary under the provisions of
the MEPS Act and the MEPS Rules, 1981.
21. After such decisions are arrived at and orders are
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passed, if any party is aggrieved, it would be at liberty to seek
redressal of its grievance, in a manner as may be permissible in law.
22. All the parties shall bear in mind that they would
maintain the decorum of the proceedings and the dignity and respect
of the learned Member, while participating in the proceedings.
23. In view of the above, all these Writ Petitions are
disposed off. All pending Civil/Interim Applications, stand disposed
off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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