Monika Dnyaneshwar Bhole And ANR. v. The State Of Maharashtra Throug Its Secretary And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11551 OF 2012 by Jayant Vishwanath Salunke Date:

2018.08.09 16:06:59 +0530 Jayant Vishwanath Salunke Dr. Ansari @ Abdulla Mohammad } Petitioners versus State of Maharashtra and Ors.

} Respondents WITH CONNECTED MATTERS AT SR. NOS. 927 TO 1205 ON TODAY'S BOARD AND WRIT PETITION (ST) NOS. 21233/2018, 17472/2018, 17563/2018, 17591/2018, 14314/2018, 15885/2018, 16513/2018, 19845/2018, 19843/2018, 22084/2018, 19626/2018, 21643/2018, 20680/2018 and 21706/2018 R. B. Deshmukh for the petitioners.

Ms. S. D. Vyas-'B' Panel Counsel with Mr.B.

V. Samant-AGP, Mr. V. M. Mali-AGP and Mr. S. B. Kalel-AGP for State.

CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE :- AUGUST 1, 2018 P.C. :- 1.

It is stated by the counsel appearing for the petitioners and the learned AGP that out of the matters listed today, a common list of cases referred by the clause (a), namely, "applications seeking approval forwarded by the Management are pending or unattended without any orders" and under the category (d), namely, "the proposals forwarded by the Managements have not been accepted simply because of the ban imposed by GR dated 2nd May, 2012", would be provided and the following writ petitions,

some of which are not on board are taken on board, can be treated as disposed of in terms of the order passed on 19th July, 2018 in Civil Writ Petition No.10518 of 2016:- WRIT PETITION (ST) NOS. 21233/2018, 17472/2018, 17563/2018, 17591/2018, 14314/2018, 15885/2018, 16513/2018, 19845/2018, 19843/2018, 22084/2018, 19626/2018, 21643/2018, 20680/2018 and 21706/2018 2.

On submission of such common list and signed by both, the petitioners' advocate and the learned AGP, each of these writ petitions as enlisted would stand disposed of. 3.

In addition, the following correction shall be made in the order passed on 19th July, 2018 in Writ Petition No. 10518 of 2016:- "In para 4, the date "10th June, 2017 is erroneously mentioned. It shall be read as 10th July, 2017." 4.

The time of three months for taking a decision in terms of order passed on 19th July, 2018 in Writ Petition No. 10518 of 2016 shall commence from today. We would expect the competent authority, namely, the Education Officer not to act on the basis that the posts held by the petitioners are vacant and therefore, surplus teachers can be absorbed and should be absorbed by the Management. All such actions initiated shall not be given effect to for a period of four months from today. This direction is issued on the basis of the apprehension expressed by the petitioners'

counsel appearing in Writ Petition Nos. 1771 of 2018 and 1779 of 2018 appearing at serial number 1142 on today's board. 5.

Let the matters covered by the other category [clause (b)] of para 1 of the order dated 19th July, 2018 passed in Writ Petition No. 10518 of 2016 be listed, at the requested of the counsel, on 30th August, 2018.

(SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.)