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Bombay High CourtWP/6313/2025disposed off

Ashwini Tukaram Chougule And ORS v. The State Of Maharashtra Through Its Secretary Public Health Department

2025-05-08Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.05.09 15:59:00 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6310 OF 2025 Haseena Shaukat Tahasildar & Ors.

... Petitioners versus The State of Maharashtra & Ors.

... Respondents AND WRIT PETITION NO. 6311 OF 2025 Sujata Tulju Lambore & Ors.

... Petitioners versus The State of Maharashtra & Ors.

... Respondents AND WRIT PETITION NO. 6312 OF 2025 Gita Shamrao Gawas & Ors.

... Petitioners versus The State of Maharashtra & Ors.

... Respondents AND WRIT PETITION NO. 6313 OF 2025 Ashwini Tukaram Chougule & Ors.

... Petitioners versus The State of Maharashtra & Ors.

... Respondents AND WRIT PETITION NO. 6322 OF 2025 Sangita Mahadev Magdum & Ors.

... Petitioners versus The State of Maharashtra & Ors.

... Respondents --- Mr.Abhijit A. Tambe for the Petitioners in all Petitions. Mr.P.P.Kakade, Addl.GP with Mr.S.P.Kamble, AGP for Respondent Nos. 1 to 4, State in WP No. 6310 of 2025.

Mr.P.P.Kakade, Addl.GP with Ms.P.N.Diwan, AGP for Respondent Nos. 1 to 4, State in WP No. 6311 of 2025.

Mr.P.P.Kakade, Addl.GP with Mr.A.K.Naik, AGP for Respondent Nos. 1 to 4, State in WP No. 6312 of 2025.

Mr. P.P.Kakade, Addl.GP with Ms.N.M.Mehra, AGP for Respondent Nos. 1 to 4, State in WP No. 6313 of 2025.

Mr.P.P.Kakade, Addl.GP with Mr.V.M.Mali, AGP for Respondent Nos. 1 to 4, State in WP No. 6322 of 2025.

Ms.Priyanka Chavan for Respondent No.6- Union of India. ---- CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 8th May, 2025 P.C. :- 1.

In all these Petitions, the identically placed Petitioners submit that the Government Resolution (GR) dated 14th March, 2024, protects the interest of temporary Auxiliary Nurse Midwife (ANM) employees by creating a pool for recruitment to the available posts to the extent of 30%. However, the grievance voiced is that the said GR is not being implemented and the posts to the extent of 30%, are not being filled in from the quota of ANM. 2.

The learned Addl.GP submits, on instructions, that not a single instance of violation of the said GR is pointed out. The State

Government has no intention of violating it's own GR. If there are certain posts reserved for temporary ANM employees, the Petitioners should have patience till the State initiates the recruitment process.

3.

In view of the above statement, we find that the State Government would look into the availability of the posts and to the extent of 30% available as per the GR, could be filled in strictly in terms of the GR. If the State initiates steps for filling up such posts, the Petitioners would be at liberty to apply. 4.

In the event, the Petitioners, notice in future that all the available posts are being filled in de-hors the 30% reservation for the Petitioners, they are at liberty to seek redressal of their grievance.

5.

With the above observations, these Writ Petitions are disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)