Pournima Jeevan Bhaisare And Others v. The State Of Maharashtra, Thr. Secretary, Rural Devpt. Dept., Mumbai And ORS.

2026:BHC-NAG:6886-DB 1 J-WP No.4777.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4777 OF 2025 1) Pournima Jeevan Bhaisare, Age 46 years, Occ. Service, R/o. Bapu Nagar, Bazar Ward, Lakhani, District Bhandara.

2) Priya Vijay Gharde, Age 40 years, Occ. Service, R/o. C/o Nitin B. Rangole, Satkare Nagar, Ganeshpur, Bhandara, District Bhandara.

3) Ajay Mukunda Koche, Age 48 years, Occ. Service, R/o. Zilla Parishad Secondary and Higher Secondary School, Lakhandur, District Bhandara.

4.

Shamkumar Dhekal Bhagat, Age 46 years, Occ. Service, R/o. Pachgaon, Ta. Mohadi, 5) Gaurao Suresh Dongare, Age 38 years, Occ. Service, R/o. Sawargaon, Ta. Lakhandur, 6) Nandkishor Murlidhar Dani, Age 39 yeaers, Occ. Service, R/o. Kinhi, Ta. Lakhandur, 7) Moreshwar Pundlik Kamdi, Age 40 years, Occ. Service, R/o. Antargaon, Sindewahi, District Chandrapur.

8) Nikita Radheshyam Kshirsagar, Age 40 years, Occ. Service, R/o. Lakhani, District Bhandara.

2 J-WP No.4777.2025.odt 9) Nileshwari Tekram Patle, Age 38 years, Occ. Service, R/o Flat No. B-103, Nakshatra Apartment, Shastri Chowk, Bhandara, District Bhandara.

10) Vaishali Ganeshlal Mohabansi, Age 47 years, Occ. Service, R/o Behind Ram Mandir, Bhandara, District Bhandara.

11) Sarita Madhukar Badole, Age 39 years, Occ. Service, R/o Rajgopalchari Ward, Bhandara, 12) Priyanka Dhananjay Badwaik, Age 40 years, Occ. Service, R/o Hanuman Nagar, Tumsar, 13) Ranjana Laxman Karkade, Age 43 years, Occ. Service, R/o Pitesur, Post Jamb, 14) Priya Anandrao Nimkar, Age 34 years, Occ. Service, R/o Indira Ward, Mohadi, 15) Deepakkumar Harbaji Hatwad, Age 34 years, Occ. Service, R/o Hanuman Ward, Satona Neri, .... PETITIONERS // VERSUS // 1) The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Mumbai - 32.

2) The Director of Education, Maharashtra State, Pune.

3 J-WP No.4777.2025.odt 3) The Deputy Director of Education, Nagpur, Old Morris College building, Sitabuldi, Nagpur.

4) The Chief Executive Officer, Zilla Parishad, Bhandara, 5) The Education Officer (Secondary), Zilla Parishad, Bhandara, .... RESPONDENTS ______________________________________________________________ Mr. Nitin L. Choudhari, with Vishwajit S. Wankhede, Advocates for the Petitioners.

Mr. N. R. Patil, Assistant Government Pleader for the Respondent Nos.1, 2, 3 & 5.

Mr. R. S. Khobragade, Advocate for the Respondent No.4. ______________________________________________________________ CORAM : SMT. M.S. JAWALKAR, AND NANDESH S. DESHPANDE, JJ.

DATE : 30 th APRIL, 2026 .

ORAL JUDGMENT : (Per : SMT. M.S. JAWALKAR, J.) 1.

Heard.

2.

RULE. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties. 3.

The contention of the Petitioners is that they are working on clock hour basis on the post of teachers in the Zilla Parishad Secondary and Higher Secondary Schools since many years. The Petitioners are seeking direction against the Respondent Authorities to regularize their services and make their

4 J-WP No.4777.2025.odt services permanent in the Zilla Parishad Secondary and Higher Secondary Schools. It is the contention of the Petitioners that this issue is squarely covered by the Judgment passed by this Court in Writ Petition No. 2341/2023 (Omendra Sukharam Tarone & Ors. Vs. The State of Maharashtra & Ors.), dated 13.03.2025, wherein this Court referred the order dated 03.12.2024, which reads thus : "The petition seeks regularization of teachers appointed with Zilla Parishad, Bhandara for imparting education in the schools run by them, specifically those persons, who have completed 10 years of service, whose services were engaged on account of the ban on recruitment imposed by the State. In respect of similarly placed persons, relating to the Government, run Ashram Schools.

the learned Division Bench of this Court in Writ Petition No. 5867/2016 (Madhukar s/o. Bhavanrao Sadgir Vs. The State of Maharashtra and others) and connected matters decided on 31.10.2018 (page No. 85) regularization has been directed, of the persons, who have completed 10 yrs of service. Similar is the position in Writ Petition No. 259/2019 which has been confirmed by the Hon'ble Apex Court by dismissing a challenge raised there against in SLP (Civil) Diary No. 1233/2020 decided on 20.8.2020 (page No. 98) subject to completion of TET within a period of five years. In another batch of petitions, Satappa Krushna Pawar Vs. State and others (Writ Petition No. 529/2019) decided on 16.12.2020, similar directions have been passed (page No. 96) which is also in regard to the teachers employed in the Ashram Schools.

2. In the instant matter, the petitioners are the teachers working in the various schools run by the

5 J-WP No.4777.2025.odt Zilla Parishad, Bhandara since last more than 10 years. There is no reason, since the workload is available, it is contended why a similar treatment should not be afforded to them. Learned AGP to take appropriate instructions."

4.

Considering the fact that the Petitioner are continued in employment for years together, it is held by this Court that they are entitled for regularization. This Court also placed reliance in the Judgment of the Hon'ble Apex Court in Special Leave Petition (Civil) Diary No. (s)123338/2020, dated 20.08.2020, wherein for completion of/acquiring the qualification of TET, five years period was allowed. In the present matter, the Petitioners are similarly placed persons, as in the Judgment passed as above referred Petition is applicable to the Petitioners as they have completed 10 years of service with the Respondent may be with a technical break. Accordingly, we proceed to pass the following order : (i) The writ petition is allowed.

(ii) The Respondent Zilla Parishad to regularize the services of the Petitioners.

(iii) The Petitioners, in case, fail to acquire the requisite qualification of TET and TACT within five years, the services of the Petitioners shall be liable for

6 J-WP No.4777.2025.odt termination with an understanding that no further extension shall be granted on whatsoever grounds. (iv) It is for the Respondent Zilla Parishad to deal with the claim of the Petitioners as to whether they have completed 10 years of service on whom the benefit under this order can only be extended. This exercise shall be completed by the Respondent Zilla Parishad, Bhandara within a period of two months from the date of receipt of the order.

(v) The learned Counsel for the Zilla Parishad to communicate the order to the Respondent Zilla Parishad, Bhandara.

5.

The writ petition stands disposed of in the above terms. No order as to costs. Pending application(s), if any, stand(s) disposed of.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 04/05/2026 19:56:54