Young Mens Christian Association (Ymca) Thr Its Chairman And ORS v. The State Of Maharashtra Thr Sec. Ministry Of Welfare And Diff. And ORS
Digitally signed by GAURI AMIT GAEKWAD Date:
2025.12.26 10:58:19 +0530 GAURI AMIT GAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(501) WRIT PETITION NO.17518 OF 2025 Lions Club Deaf and Dumb School Trust and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(502) WRIT PETITION NO.17519 OF 2025 Young Men's Christian Association (YMCA) and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(503) WRIT PETITION NO.17521 OF 2025 Namdevrao Mohol Vidya & Krida Prathithan and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(504) WRIT PETITION NO.17522 OF 2025 Jay Shree Ram Shikshan Sanstha Trust and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(505) WRIT PETITION NO.17523 OF 2025 Prabodhini Trust, Nashik and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(506) WRIT PETITION NO.17524 OF 2025
Apang Sahaykari Sanstha and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(507) WRIT PETITION NO.17525 OF 2025 Shri Chatrapati Pratisthan and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents WITH
(508) WRIT PETITION NO.17527 OF 2025 Centre for Special Education School for Spastic Children and Ors.
....Petitioners
Versus
The State of Maharashtra and Ors.
....Respondents ---- Dr. Uday Warunjikar a/w. Mr. Sumit Kate, Ms. Gargi Warunjikar and Mr. Hrishikesh Nabar for the Petitioners in all Petitions. Mr. P.P. Kakade, Addl. GP for the Respondent - State in WP/17518/2025.
Mrs. Nisha Mehra, AGP for the Respondent - State in WP/17519/2025.
Ms. Priyanka Chavan, AGP for the Respondent - State in WP/17521/2025.
Ms. P.N. Diwan, AGP for the Respondent - State in WP/17522/2025.
Ms. Devyani Deshmukh, AGP for the Respondent - State in WP/17523/2025.
Mr. S.H. Kankal, AGP for the Respondent - State in WP/17524/2025.
Ms. Pooja Deshpande, AGP for the Respondent - State in WP/17525/2025.
Mr. Karan Thorat, 'B' Panel Counsel for the Respondent - State in WP/17527/2025.
Mr. Vishnudas Ghodke, Deputy Secretary, Persons with Disabilities Welfare Department, Mantralaya present.
----
CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 23rd DECEMBER, 2025 P.C. :- 1.
In identical matters, we have passed orders on 15th October, 2025 and 24th November, 2025.
2.
The learned Addl. GP submits that a verification exercise in all these matters would be undertaken by the Deputy Commissioner, Disabled Welfare, Respondent No.2, and he will forward the proposals to Mantralaya. This exercise would be completed within two weeks. Respondent No.1 would then deal with the said proposals and pass appropriate orders. 3.
Needless to state, the grievances of the Petitioners as regards stoppage of their unpaid salaries, will be dealt with by Respondent No.1, primarily keeping in view that, none of these Petitioners were heard or were granted an opportunity of hearing, when they suffered unilateral cancellation of the NOC.
4.
It is undisputed that the cancellation of the NOC was under an order dated 7th April, 2025 passed by this Court at the Nagpur Bench in Writ Petition No.8001 of 2019. However, subsequently, at the instance of the State, the Nagpur Bench has recently passed an order on 22nd December, 2025 in Civil Application (CAW) No.1303 of 2025, in Writ Petition No.8001 of 2019 (Pawan Ramkrushna Gawande and Ors. v/s. State of Maharashtra and Ors.). By the said order, a clarification has been issued, and the Court has observed in paragraph nos.14 and 15, as under :
14. Thus, it appears that the order dated 07th April 2025 was passed without bringing the aforesaid facts to the notice of this Court and without hearing the concerned institutions and employees, which clearly indicates that the order was passed without affording them an opportunity of hearing and would indisputably cause prejudice to their rights. As such, it is necessary to interfere with the order by clarifying that the order dated 07th April 2025 passed in the petition shall not affect the No Objection Certificates granted in favour of the concerned institutions and employees before 16th October 2024, with a further direction to release all consequential benefits.
15. As a result, the application is allowed. The order dated 07th April 2025, to the extent of paragraph 1, as regards "the cancellation of all earlier NOCs issued by original respondent No.6", is hereby recalled. The order is further modified
by replacing the term "43%" with "43 persons" or "such wait-listed candidates." Accordingly, the order should be modified and uploaded to the official website.
5.
The learned Advocate Dr. Warunjikar has brought to our notice, and the learned Addl. GP agrees, that there are 798 teachers similarly situated as the present Petitioners. Gradually, these teachers are filing individual Petitions before this Court, thereby leading to unnecessary litigation and imposing an additional burden on the Court. When such litigants are similarly placed and this Court has been passing identical orders, it would be appropriate to pass such an order which will control the continuous inflow of litigation.
6.
In the above circumstances, we are of the view that since identical orders have been passed by the Principal Seat, followed by the Nagpur Bench, the Aurangabad Bench, and the Kolhapur Bench, it would be in the interest of justice, and to avoid further litigation and expenditure even for the litigants. We, therefore, direct that the directions issued by this Court, as in the earlier orders, would be applicable not only to the present
Petitioners, but also to all similarly situated teachers, notwithstanding the fact that they have not approached the High Court. In short, this order would be 'in rem' and would cover all such similarly situated teachers, irrespective of whether they have approached the Court or not.
7.
The learned Addl. GP informs us that, considering the large number of teachers who are similarly situated, and the fact that the State will now have to carry out a specific exercise of verification and calculations as per the earlier orders of this Court dated 15th October, 2025, 24th November, 2025, and 18th December, 2025, instead of granting 60 days, the State would require a period of around 180 days.
8.
Since the learned Addl. GP submits that the above exercise of verifications and calculations will be completed within 180 days from today, we record that the arrears of these Petitioners would be paid on or before 21st June, 2026. Their regular payments of salaries shall be commenced for the month of December, 2025 payable in January, 2026 on the regular pay day.
9.
In view of the above, these Writ Petitions are disposed off.
10.
We are listing these disposed off Petitions for recording stage-wise compliance and to consider the progress being made, on 13th March, 2026.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)