Shri 1008 Chintamani Parshwanath Digamber Jain Atishay Kshetra Kachner And Others v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:17723-DB 600.2025WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

950 WRIT PETITION NO. 600 OF 2025 SHRI 1008 CHINTAMANI PARSHWANATH DIGAMBER JAIN ATISHAY KSHETRA KACHNER AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. Shinde C.K. AGP for Respondent/State : Mr. M.A. Aher ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL-JADHAV, JJ.

DATED : 22nd APRIL, 2026.

ORDER :

.

Admittedly, the issue raised in this petition is covered by the decision of this Court passed in Writ Petition No.624/2025 on 26.03.2026.

2.

Learned A.G.P., however, requested that time may be given to file reply. We are not inclined. When the issue is squarely covered by the above referred decision, there is no need of filing reply. 3.

In the said decision, we have observed that the Government Resolution by which the ban is imposed on recruitment is not applicable to the minority institutions, and therefore, the impugned order, which states that in view of the circular issued by the Finance Department dated 30.06.2017, presently no new post can be filled in and the vacant post should not be filled in, cannot be sustained. 4.

Admittedly, even in the present case, the posts had fallen vacant due to retirement of the incumbents and on death of Store Keeper/Clerk. In that view of the matter, the impugned order cannot be sustained.

600.2025WP.odt 5.

In the result, the petition is allowed in terms of prayer clauses "B" and "C", which are as follows :- "B.

By issue of writ of certiorari or any other appropriate writ or order, the impugned communication/letter dated 20.12.2024 issued by the respondent no. 3 - The District Vocational Education and Training Officer, Chh. Sambhajinagar may kindly be quashed and set aside. C.

By issue of writ of mandamus or any other appropriate writ or order, the respondents no. 2 and 3 may kindly be directed to grant approval to the appointments of petitioners no. 3 to 5 in the petitioner no.2 school."

(VAISHALI PATIL-JADHAV,J.) (NITIN B. SURYAWANSHI,J.) sga