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Bombay High CourtIA/113/2025disposed off

Kiran Anna Bhosale And ORS v. Shreenath Ramakant Gawade And ORS

2025-02-11Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.02.13 12:36:51 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13952 OF 2024 Shreenath Ramakant Gawade & Ors.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents WITH INTERIM APPLICATION NO.113 OF 2025 IN WRIT PETITION NO.13952 OF 2024 Kiran Anna Bhosale and Ors.

....Applicants

IN THE MATTER BETWEEN :

Shreenath Ramakant Gawade & Ors.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Yuvraj Narvankar for the Petitioners.

Mr. C.K. Bhangoji for the Applicants.

Ms. N.M. Mehra, AGP for Respondent Nos.1 to 4. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 11th FEBRUARY, 2025 P.C. :- 1.

This Petition is at a pre-notice hearing stage. 2.

Vide the Intervention Application No.113 of 2025, the Lab Assistants deployed in the 9th and the 10th standard in the

School, who have been declared to be a surplus, thereby leaving the Laboratories unattended and unmonitored, pray for an opportunity of hearing.

3.

For the reasons set out, the Intervention Application is allowed. The Applicants be added as the Respondents in the Petition, forthwith.

4.

We direct the Petitioners to add the School Management as a Respondent. Addition be carried out forthwith. 5.

Issue notice to the Respondents, returnable on 7th April, 2025. The learned AGP waives service of notice on behalf of Respondent Nos.1 to 4.

6.

Akin to the order dated 5th February, 2025 passed in Writ Petition No.1408 of 2025 (Sudhir Vishwasrao Patil and Ors. v/s. The State of Maharashtra and Ors.), we direct that, considering the Government Resolution dated 28th January, 2019 and keeping in view the interest of the students appearing for the SSC as well as the

9th standard exams, status quo, as existing with regard to the deployment of the Lab Assistants in the concerned Laboratories of the Respondent School, shall be maintained and they shall be permitted to work in the same School until the exams are over. Their allotment letters declaring them surplus and deploying them elsewhere, shall be kept in abeyance.

7.

On the returnable date, we would consider this matter for further orders.

8.

Spare copies of the Petition Paper Book, for issuance of notice, shall be supplied on or before 17th February, 2025, failing which this Petition will stand dismissed without reference to the Court on 18th February, 2025.

9.

Office objections, if any, to be removed, on or before 24th February, 2025, failing which, this Petition shall stand dismissed without reference to the Court, on 25th February, 2025. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)