Vinod S/O Hiraman Gavakar And ORS v. The State Of Maharashtra Its. Principal Secretary School Education And Sports And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION by GAYATRI RAJENDRA SHIMPI Date:
2025.10.13 18:57:33 +0530 GAYATRI RAJENDRA SHIMPI (Sr. No. 901) WRIT PETITION NO. 3145 OF 2022 Smt. Ashwini Vithhal Jadhav ... Petitioner
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The State Of Maharashtra Thr.
Secretary School Education Dept. And Ors ... Respondents (Sr. No. 902) WRIT PETITION NO. 12921 OF 2023 Appasaheb Rangnath Kedar & Ors.
... Petitioners
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State Of Maha. Thr. Sec.
School Education Dept. And Ors.
... Respondents (Sr. No. 903) WRIT PETITION NO. 1824 OF 2024 Smt. Vandana Balasaheb Auti ... Petitioner
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State Of Maha. Thr. Sec.
School Education Dept. And Ors.
... Respondents (Sr. No. 904) WRIT PETITION NO. 1827 OF 2024 Smt. Vijaya vilas dhaigude ... Petitioner
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State Of Maha. Thr. Sec.
School Finance Dept. And Ors.
... Respondents (Sr. No. 905) WRIT PETITION NO. 5476 OF 2025 Suvarna Sampat Patil ... Petitioner
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The State of Maharashtra Through The Secretary And Ors.
... Respondents (Sr. No. 906) WRIT PETITION NO. 8015 OF 2025 Vidya Murlidhar Mohite ... Petitioner
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The State of Maharashtra Throu. Its Sec. School Education Dept And Ors ... Respondents (Sr. No. 01) WRIT PETITION NO. 2177 OF 2022 WRIT PETITION NO. 460 OF 2022 Randhave Sanjit Ankush And Ors.
... Petitioners
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The State Of Maharashtra Through Its Secretary, Dept.
Of School Edu. And Sports And Ors.
... Respondents (Sr. No. 02) WRIT PETITION NO. 12190 OF 2023 Rajaram Shivaji Thorat ... petitioners
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The State Of Mahahrashtra Thr The Secretary School Education Dept. And Anr ... Respondents WRIT PETITION (ST) NO. 90 OF 2022 WRIT PETITION NO. 15471 OF 2024 WRIT PETITION (ST) NO. 1282 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. 3454 OF 2022 WRIT PETITION NO. 3455 OF 2022 WRIT PETITION NO. 2199 OF 2025 WRIT PETITION NO. 2190 OF 2025 WRIT PETITION (ST) NO. 3654 OF 2024 WRIT PETITION NO. 5252 OF 2025 WRIT PETITION NO. 5255 OF 2025 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. 4719 OF 2025 WRIT PETITION NO. 12654 OF 2024
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INTERIM APPLICATION NO. 11199 OF 2024 INTERIM APPLICATION NO. 11200 OF 2024 INTERIM APPLICATION NO. 11202 OF 2024 WRIT PETITION NO. 12191 OF 2023 WRIT PETITION NO. 12188 OF 2023 WRIT PETITION NO. 12189 OF 2023 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 WRIT PETITION NO. 15830 OF 2024 WRIT PETITION NO. 5011 OF 2024 WRIT PETITION NO. 18366 OF 2024 WRIT PETITION NO. 9648 OF 2022 WRIT PETITION NO. 16363 OF 2024 WRIT PETITION NO. 12328 OF 2025 WRIT PETITION NO. 12330 OF 2025 WRIT PETITION NO. 12349 OF 2025 WRIT PETITION NO. 12348 OF 2025
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INTERIM APPLICATION (ST) NO. 33914 OF 2024 IN WRIT PETITION NO. 16777 OF 2023 WRIT PETITION NO. 16780 OF 2023 WRIT PETITION NO. 16785 OF 2023 WRIT PETITION NO. 16791 OF 2023 WRIT PETITION NO. 18611 OF 2024 WRIT PETITION NO. 18862 OF 2024 WRIT PETITION (ST) NO. 36879 OF 2024 WRIT PETITION NO. 19545 OF 2024 (Sr. No. 03) WRIT PETITION NO. 8763 OF 2025 Vikas Hari Kumbhar ... Petitioners
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The Sate of Maharashtra Thor. Its Principal Secretary School Education And Sport Department ... Respondents (Sr. No. 04) WRIT PETITION NO. 9956 OF 2025 Pallavi Maheshkumar Shinde ... Petitioners
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The State Of Maharashtra Thor. The Secretary School Education Dept.
... Respondents (Sr. No. 05) WRIT PETITION NO. 9986 OF 2025
Barge Swapnali Murlidhar And Anr.
... Petitioners
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The State of Maharashtra Through Its Secretary And Anr.
... Respondents **** Mr. N. V. Bandiwadekar, Senior Advocate a/w Mr. Vinayak Kumbar, Mr. Rajendra Khaire i/b Ms. Ashwini Bandiwadekar, Advocates for Petitioner.
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, Advocate for Applicant in IA (ST) No. 34058 of 2024 & IA (ST) No. 33914/2024.
Mr. Sharad T. Bhosale i/b Mr. Dilip Bodake, Advocates for Petitioner in Sr. No.2.
Mr. Sharad T. Bhosale, Advocate for Petitioner in WP Nos. 2190 of 2025 and WP No. 2199 of 2025.
Mr. Rajat Shimpi i/b Mr. Satyajeet Rajeshirke, Advocates for Petitioner in Sr. Nos.901 & 905 and Sr. No.2.
Mr. Nitin Gaware-Patil, Advocate for Petitioner in Sr. No.2. Mr. Ramchandra Wagh i/b Mr. Vijay B. Jagtap, Advocates for Petitioner in WP Nos. 11636 of 2024, 11649 of 2024 & 16786 of 2023. Mr. Mahesh Deshmukh a/w Mr. Sandeep Gupta i/b Mr. A. G. Ambetkar, Advocates for Petitioner in Sr. Nos. 902 to 904 and 906. Mr. Sukand R. Kulkarni i/b Mr. Abhijit A. Devkhile, Advocates for Petitioner in Sr. Nos. 1 and Sr. No. 5.
Mr. Mihir Desai Senior Advocate a/w Mr. Pradeep Yadav i/b Mr. Saumitra Salunke, Advocates for Petitioner in WP No. 11997 of 2024. Mr. Pradeep Yadav for Petitioners in WP Nos. 18203 of 2024, WP No. 3360 of 2024, WP No. 3355/2024, 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 of 2024, WP No. 2140 of 2024, WP No. 2141 of 2024, WP No. 2143 of 2024, WP No. 17780 of 2024, WP No. 18611 of
2024, WP No. 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. B. V. Samant, Addl GP (1 to 118), with, Smt. P. M. Joshi Deshpande, AGP, Mr. B. V. Samant Additional GP, Mr. S. H. Kankal, AGP, Mr. A. K. Naik AGP, Ms. Priyanka Chavan AGP, Mr. V. G. Badgujar, AGP, Smt. P. N. Diwan, AGP, Mr. A. C. Bhadang, AGP.
**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.
DATE :
9th OCTOBER, 2025 P.C. :
1.
The Managements in which these Petitioners are working shall verify from their attendance sheets as to how many teachers were absent from their institutions and the teaching curriculum, today on 9th October, 2025, as well as on 23rd September, 2025. 2.
On 23rd September, 2025, a huge number of teachers were present in the Court Hall and the learned Senior Advocate Shri
Kumbhakoni rightly pointed out to all our queries that these are those Petitioners, who have skipped their classes and come to the Court on 23rd September, 2025. On that date, we orally stated that the Management should proceed to deduct their one-day salary. Today, the Court Room is filled with teachers in large numbers. Hence, we permit the Management to issue them show cause notices and after receiving their written explanations within 7 days, in cases wherein teachers have no justification for their absence and it is noticed that they had attended the Court proceedings today, their salary would be deducted. We are compelled to pass this order since we do not want the Schools and Educational Institutions to have large-scale absenteeism of the teachers only because they have come to Mumbai to hear their lawyers address the Court.
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 abovestated 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. 4.
The ready reference charts as indicated above shall include the number of the Writ Petition and the names of the Petitioner. 5.
We make it clear that should this be taken on record. 6.
The learned Senior Advocate Shri Kumbhakoni appearing for the Management has tendered a ready reference chart (one page) dated 09th October, 2025 which is taken on record and marked as 'X-1' for identification.
7.
Let such charts be prepared by the Management and be tendered to the Court.
8.
Pursuant to one of our earlier orders dated 21st April, 2025 by which we directed the Education Authorities to supply copies of orders of rejection of approval to the concerned candidates. The learned Additional GP submits that such orders have been supplied through WhatsApp. A further order was also passed on 30th June, 2025 imposing of costs for non supply of copy of rejection order. 9.
As a last chance, in the event anybody is inadvertently not served with the order, the time available from today until 6th November, 2025 shall be utilized for serving copies of the said order on those persons, who may not have been supplied.
10.
List all these matters on 12th November, 2025 at 3.00 p.m 11.
Writ Petition Nos. 10724 of 2023, 10721 of 2023 and 10726 of 2023 pertain to the MPSC and which have already been disposed off on 20th January, 2025. As such, these files shall be confined to the records.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)