Shaikh Humaira Anjum Shaikh Abdul Kareem v. The State Of Maharashtra And Others

2025:BHC-AUG:20847-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12035 OF 2021 Shaikh Humaira Anjum Shaikh Abdul Kareem

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. B. L. Sagar Killarikar, for Petitioner.  Mr. V. M. Kagne, AGP for Respondent Nos.1 to 3.  Mr. A. A. Jagatkar, for Respondent No.4.

 Mr. Chandrakant V. Thombre, for Respondent No.5. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 06th AUGUST 2025.

P. C. :

1.

When this petition was called out for hearing, it is brought to our notice that Writ Petition No.8689 of 2021, filed before this Court challenging the very same common impugned order dated 12th March 2021, was partly allowed by a Division Bench of this Court (Coram : Smt. Vibha Kankanwadi and S. G. Chapalgaonkar, JJ.) by order dated 26th March 2024.

2.

It is emphasized that identical grounds of challenge are raised in the present writ petition also. It is significant to note that in Writ Petition No.8689 of 2021, raising identical grounds, was allowed in the following manner.

"1 The Writ Petition stands partly allowed.

The impugned order dated 12.03.2021 passed by respondent No.3 is hereby quashed and set aside. The matter is relegated to respondent No.3 and in view of the observations by this Court in the above paragraphs, he should hold an inquiry once again and to give opportunity to all the concerned and then take a decision within a period of six months from today.

The decision so taken be communicated to the concerned persons within a period of 15 days from taking such decision.

In view of the disposal of the writ petition, civil application also stands disposed of.

Rule is made absolute in the above terms."

3.

We have perused the impugned order and we are convinced that the present writ petition can also be partly allowed in a like manner, particularly because, after the matter was relegated by this Court to the Deputy Director of Education in the aforesaid petition, consequential orders have been passed in favour of the petitioners therein.

4.

In view of the above, the writ petition is partly allowed. The impugned order dated 12th March 2021, is set aside, as regards the petitioner also. The matter is remanded to the respondent No.3 -

Regional Deputy Director of Education for consideration and holding an enquiry in terms of the observations made by this Court in the aforesaid order dated 26th March 2024 passed in Writ Petition No.8689 of 2021. The respondent No.3 shall give an opportunity of hearing to all concerned and then to take an appropriate decision within four weeks from today.

5.

Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.)