Manda Bharat Gavali v. The State Of Maharashtra And Others

2025:BHC-AUG:37175-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 WRIT PETITION NO.9457 OF 2025 MANDA BHARAT GAVALI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. Akshara Madke, Advocate h/f Mr. N.S. Dalave, Advocate for petitioner Mr. S.K. Tambe, AGP for State ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

18th DECEMBER, 2025 ORDER :

.

Present petition has been filed for following reliefs : "A) To quash the impugned circular / communication dated 25.05.2023 issued by respondent No.1 (Exh. 'W') and other subsequent communications issued relying on it, by issuing a writ of certiorari or any other appropriate writ, order or direction, as the case may be.

B) To direct the respondents to regularize the services of petitioner as Secondary Teacher in post or basic Ashram Schools run by Tribal Development Department and pay all the benefits as

963_WP_9457_2025 per the Government Resolution dated 06.02.2023 issued by respondent No.1, by issuing writ of mandamus or any other appropriate writ or order, as the case may be." The petitioner says that petitioner was appointed on Clock Hour Basis from 05.07.2022. By order dated 05.09.2022 she was again given the appointment on Clock Hour Basis, however, all of a sudden the Government has come with Resolution dated 06.02.2023 for regularization and it was in view of the various writ petitions those were filed before this Court. Conditions were then put for regularization. But then all of a sudden by communication dated 25.05.2023 all the Additional Commissioners and Project Officers from the tribal area were directed not to appoint employees on Clock Hour Basis in Government Ashram Schools / Hostels which are falling within the Tribal Development Department from the academic year 2023-24. The petitioner claims that she ought to have been regularized as she is qualified.

When the inquiry was made, as to whether the application for regularization has been filed by the petitioner, the answer has been given 'in negative' and the learned Advocate for petitioner submits that petitioner would file application for regularization.

In view of the said statement, we direct the petitioner to file such

963_WP_9457_2025 application before the competent authority within a period of four weeks from today and after receipt of said application the competent authority i.e. respondent Nos.2 to 4 to decide the same within a period of two months thereafter. With these directions we dispose of the writ petition. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd