Ku. Vinita Mahadeorao Sonkusre (After Marriage Vinita Nivrutti Gadikar) v. The State Of Maha., Thr. Secretary, Ministry Of School Education, Mumbai And Others

2025:BHC-NAG:3204-DB 1 914.WP.7395-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7395 OF 2024 ( Ku. Vinita Mahadeorao Sonkusre (after marriage Vinita Nivrutti Gadikar) Vs.

The State of Maharashtra, Thr. its Secretary, Ministry of School Education, Mantralaya, Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.S. Parsodkar, Advocate for the Petitioner. Mr. A.M. Joshi, AGP for the Respondent Nos. 1 to 3/State. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 28th MARCH, 2025 1.

Heard Mr. Parsodkar, learned Counsel for the Petitioner and Mr. Joshi, learned AGP for the Respondent Nos. 1 to 3/State.

2.

Mr. N.D. Khamborkar, learned Counsel for the Respondent Nos. 4 and 5 is absent.

3.

The Petition seeks a direction, to implement the Government Resolutions dated 21.12.2019 and 14.12.2022, whereby on account of invalidation of caste claim the employee is directed to be put on supernumerary post. 4.

Mr. Parsodkar, learned Counsel for the Petitioner, upon instructions makes a statement, that Writ Petition

2 914.WP.7395-2024.odt No.6783/2019 filed by the Petitioner challenging invalidation of her cast claim, is being withdrawn by him. 5.

Mr. Joshi, learned AGP for the Respondent Nos. 1 to 3/State, does not dispute, that the aforesaid Government Resolutions are in force and are required to be implemented. In fact, the communication dated 30.08.2024 (page 57) on record indicates, that the Education Officer himself has written to the Respondent Nos. 4 and 5, to act in consonance with the aforesaid Government Resolutions.

6.

In that view of the matter, we allow the Petition and direct the Respondents to act in consonance with the aforesaid Government Resolutions.

7.

Needles to say, that in view of the above, the logical consequence would be that the order of termination dated 09.09.2019 shall stand set aside.

8.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 28/03/2025 18:14:09