Kishor Raghunath Kharnar And ANR v. The State Of Maharashtra Thr Its Principal Secretary School Education An Sport And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16775 OF 2023 Pravin Dileep Dhale and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents INTERIM APPLICATION (ST) NO.34058 OF 2024 IN WRIT PETITION NO.16775 OF 2023 by SUNNY ANKUSHRAO THOTE Date:
2025.07.03 15:36:01 +0530 SUNNY ANKUSHRAO THOTE WRIT PETITION (ST) NO.3654 OF 2024 WRIT PETITION NO.3360 OF 2024 WRIT PETITION NO.3356 OF 2024 WRIT PETITION NO.3355 OF 2024 WRIT PETITION NO.5304 OF 2024 WRIT PETITION NO.5305 OF 2024 WRIT PETITION NO.3366 OF 2024 WRIT PETITION NO.12654 OF 2024 WRIT PETITION NO.9752 OF 2024 WRIT PETITION NO.9772 OF 2022 WRIT PETITION NO.9770 OF 2022 WRIT PETITION NO.9781 OF 2022 WRIT PETITION NO.9776 OF 2022
WRIT PETITION NO.12800 OF 2022 WRIT PETITION NO.9778 OF 2022 WRIT PETITION NO.12653 OF 2024 WRIT PETITION NO.12656 OF 2024 WRIT PETITION NO.12638 OF 2024 WRIT PETITION NO.12655 OF 2024 WRIT PETITION NO.1522 OF 2024 WRIT PETITION (ST) NO.19189 OF 2024 WRIT PETITION NO.12413 OF 2022 WRIT PETITION NO.10727 OF 2023 WRIT PETITION NO.11997 OF 2024 WRIT PETITION NO.1836 OF 2024 INTERIM APPLICATION NO.1516 OF 2024 IN WRIT PETITION NO.1836 OF 2024 INTERIM APPLICATION NO.11185 OF 2024 WRIT PETITION NO.10798 OF 2024 INTERIM APPLICATION NO.11187 OF 2024 INTERIM APPLICATION NO.11188 OF 2024 WRIT PETITION NO.10800 OF 2024 WRIT PETITION NO.10799 OF 2024
WRIT PETITION NO.10802 OF 2024 WRIT PETITION NO.10801 OF 2024 INTERIM APPLICATION NO.11195 OF 2024 INTERIM APPLICATION NO.11199 OF 2024 INTERIM APPLICATION NO.11200 OF 2024 INTERIM APPLICATION NO.11202 OF 2024 WRIT PETITION NO.12190 OF 2023 WRIT PETITION NO.12191 OF 2023 WRIT PETITION NO.12188 OF 2023 WRIT PETITION NO.12189 OF 2023 WRIT PETITION NO.1837 OF 2024 INTERIM APPLICATION NO.1515 OF 2024 IN WRIT PETITION NO.1837 OF 2024 WRIT PETITION NO.11636 OF 2024 WRIT PETITION NO.11649 OF 2024 WRIT PETITION NO.1838 OF 2024 INTERIM APPLICATION NO.1514 OF 2024 IN WRIT PETITION NO.1838 OF 2024 WRIT PETITION NO.5011 OF 2024 WRIT PETITION NO.18366 OF 2024
WRIT PETITION NO.15887 OF 2024 WRIT PETITION NO.1839 OF 2024 INTERIM APPLICATION NO.1513 OF 2024 IN WRIT PETITION NO.1839 OF 2024 WRIT PETITION NO.16721 OF 2024 WRIT PETITION NO.17779 OF 2024 WRIT PETITION NO.2133 OF 2024 WRIT PETITION NO.2132 OF 2024 WRIT PETITION NO.2112 OF 2024 WRIT PETITION NO.18203 OF 2024 WRIT PETITION NO.2142 OF 2024 WRIT PETITION NO.2138 OF 2024 WRIT PETITION NO.1844 OF 2024 INTERIM APPLICATION NO.1511 OF 2024 IN WRIT PETITION NO.1844 OF 2024 WRIT PETITION NO.2140 OF 2024 WRIT PETITION NO.2141 OF 2024 WRIT PETITION NO.2143 OF 2024 WRIT PETITION NO.17780 OF 2024 WRIT PETITION NO.16776 OF 2023
INTERIM APPLICATION (ST) NO.33914 OF 2024 IN WRIT PETITION NO.16776 OF 2023 WRIT PETITION NO.16777 OF 2023 WRIT PETITION NO.16780 OF 2023 WRIT PETITION NO.18611 OF 2024 WRIT PETITION NO.18862 OF 2024 WRIT PETITION (ST) NO.36879 OF 2024 WRIT PETITION NO.15830 OF 2024 WRIT PETITION NO.16363 OF 2024 WRIT PETITION NO.17722 OF 2024 WRIT PETITION NO.2190 OF 2025 WRIT PETITION NO.2199 OF 2025 WRIT PETITION NO.4719 OF 2025 WRIT PETITION NO.5243 OF 2025 WRIT PETITION NO.5247 OF 2025 WRIT PETITION NO.5252 OF 2025 WRIT PETITION NO.5255 OF 2025 WRIT PETITION NO.5280 OF 2025 WRIT PETITION (ST) NO.1282 OF 2022 WRIT PETITION (ST) NO.90 OF 2022
WRIT PETITION (ST) NO.1284 OF 2022 WRIT PETITION (ST) NO.1290 OF 2022 WRIT PETITION NO.4839 OF 2022 WRIT PETITION (ST) NO.1313 OF 2022 WRIT PETITION NO.4837 OF 2022 WRIT PETITION (ST) NO.1352 OF 2022 WRIT PETITION (ST) NO.1357 OF 2022 WRIT PETITION NO.16501 OF 2023 WRIT PETITION NO.7102 OF 2024 WRIT PETITION (ST) NO.13935 OF 2025 ---- Mr. N.V. Badiwadekar, Senior Advocate a/w. Mr. Vinayak Kumbhar, Mr.Rajendra Khaire, Mr.Aniket Phapale i/b. Ms.Ashwini Bandiwadekar, Advocate for the Petitioners in Writ Petition Nos.12190 of 2023, 12188 of 2023, 12189 of 2023, 12191 of 2023. Mr. Ashutosh Gavnekar i/b. Mr. Rohit Parab for the Intervenor in IA Nos.34058 of 2024 and 33914 of 2024.
Mr. Sharad T. Bhosale i/b. Mr. Dilip Bodake, Advocate for Petitioners in Writ Petition Nos.5305 of 2024, 5304 of 2024, 9772 of 2022, 9781 of 2022, 9776 of 2022, 12800 of 2022, 9778 of 2022, 1522 of 2024, 12413 of 2022, 9770 of 2022 & 5011 of 2024. Mr. Sharad T. Bhosale for the Petitioners in WP Nos.2190 of 2025 and 2199 of 2025.
Mr. Mihir Desai, Senior Advocate a/w. Mr. Pradeep Yadav i/b. Mr. Saumitra Salunke, Advocate for the Petitioners in Writ Petition No.11997 of 2024.
Mr. Mihir Desai, Senior Advocate i/by Mr. Pradeep Yadav, Advocate for the Petitioners in Writ Petition Nos.3360 of 2024, 3355 of 2024, 3366 of 2024, 12654 of 2024, 17779 of 2024, 2112 of 2024, 2142 of 2024, 18203 of 2024, 2138 of 2024, 2140 of 2024, 2141 of 2024, 2143 of 2024, 17780 of 2024, 1265 of 2024, 4719 of 2025, 5243 of 2025.
Mr. Saumitra Salunke, Advocate for the Petitioners in Writ Petition No.12638 of 2024.
Ms. Swapnali Chavan, Advocate for the Petitioners in Writ Petition Nos.12653 of 2024, 12655 of 2024, 2133 of 2024, 2132 of 2024. Mr. Sarthak Diwan i/b. Mr. Ashutosh Kulkarni, Advocate for the Petitioners in Writ Petition No.10727 of 2023. Mr. Abhishek Deshmukh, Advocate for the Petitioners in Writ Petition No.15887 of 2024.
Mr. B.V. Samant, Addl. G.P. , Ms. P.M. Joshi Deshpande, AGP, Mr. V.M. Mali, AGP and Mr. V.G. Badgujar, AGP for Respondent-State. Mr. Ashutosh Kumbhakoni, Senior Advocate i/b. Mr. Akshay Shinde, Advocate for Respondent No.4 in WP No.16775 of 2023. Mr. Sachin Kadam, Advocate for the Respondent No.4 in Writ Petition No.15887 of 2024.
Mr. Rajaram Deshmukh for the Petitioners in WP (St) No.36879 of 2024 and WP No.5247 of 2025.
Mr. Mahesh Deshmukh i/b. Mr. Rahul Temak for the Petitioners in WP Nos.15830 of 2024, 16363 of 2024, 17722 of 2024, 5252 of 2025, 5255 of 2025, 5280 of 2025, 18862 of 2024 and 16777 of 2023.
Mr. Satyajeet Rajeshirke a/w Mr. Rahul Vijaymane, Mr. Shubham R. Vasekar, Advocate for the Petitioners in WP No.5331 of 2021, 3454 of 2022, 3455 of 2022, 16159 of 2024 & 9648 of 2022. Mr. Narayan G. Rokade a/w. Mr. Abhay Suryawanshi i/b. Mr. Vijay Jagtap for the Petitioners in WP Nos.11636 of 2024, 11649 of 2024 and 16780 of 2023.
Ms. P.N. Diwan, AGP for the Respondent -State in WP No.2190 of 2025.
Mr. B.V .Samant, Addl. GP a/w. Mr. Abhishek Bhadang, AGP for the Respondent-State in WP Nos.15830 of 2024 and 16363 of 2024. Mr. Abhishek Bhadang, AGP for the Respondent - State in WP Nos.5252 of 2025 and 5280 of 2025.
---- CORAM : RAVINDRA V. GHUGE & M. M. SATHAYE, JJ.
DATE : 30th JUNE, 2025 P.C. :- 1.
Our attention is drawn to the order dated 21st April, 2025, passed by this Court, more particularly Paragraph Nos.15 and 18, contending that the directions of this Court have not been complied with. Insofar as Paragraph No.15 is concerned, the Management was supposed to tender the list of the Petitioners to the State Government who have been in Employment upto or before 2016-2017, after conducting a due scrutiny so to assess as to which of the Petitioners are working in the academic year 2016-2017 and prior thereto. The learned Senior Advocate, Mr. Kumbhakoni, submits on instructions that the Management had already tendered this list to the State Government on 10th May, 2025.
2.
Considering the directions set out in Paragraph No.18, proposals of 336 candidates were rejected by the Competent Authority by passing specific orders. These orders were not served upon many of such candidates. Hence, we had directed that such orders of rejection shall be served upon the concerned candidates within a period of three weeks, so as to enable them to challenge such orders. The grievance voiced today by these candidates is that most of these candidates have not been served with any communication from the Competent Authority. In short, the rejection orders are not served upon them, despite the directions of this Court.
3.
We find the above grievance to be serious for the reason that considering the vacation period, the time was to be utilized to serve the purported rejection orders on the aggrieved candidates in order to enable them to avail of a remedy, as is permissible in law. By the purported non-supply of such orders of rejection, these aggrieved Petitioners could not even file their Petitions for assailing the said orders.
4.
In view of the above and the serious grievance raised by the Petitioners, we are compelled to direct that the concerned Authority, which was supposed to serve the orders of rejection on the concerned candidates, having seriously prejudiced their rights, deserve to be penalised, instead of initiating the proceedings for the disobedience of the order of this Court.
5.
We, therefore, direct that the concerned Competent Authority shall deposit Rs. 2,000/- per Petitioner, who has not been served with the copy of the rejection order despite our directions, from the salary bank account of the said officer, in this Court within a period of 15 days from today. So also, the rejection orders should also be served on them within the same time line and at the same time, the learned AGP would ensure that the affidavit sought to be filed by the said Authorities, shall be filed within the same period of 15 days.
6.
List these matters on 23rd July, 2025 at 3:00 p.m. 7.
Insofar as the directions in Paragraph No.15 referred to herein above the Management would also be at liberty to tender a
short affidavit to indicate the compliance of the said directions within a period of 15 days.
(M. M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)