The State Of Maharashtra School Education And Sports Department v. Pradnya Prasad Joshi

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.03.06 14:47:53 +0530 Trupti 1 Review Petition common order.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1523 OF 2025 WITH REVIEW PETITION NO. 31 OF 2025 WRIT PETITION NO. 1333 OF 2024 REVIEW PETITION NO. 31 OF 2025 Pradnya Prasad Joshi & Ors.

INTERIM APPLICATION (ST.) NO. 5428 OF 2025 REVIEW PETITION (ST.) NO. 5256 OF 2025 WRIT PETITION NO. 1442 OF 2024 REVIEW PETITION (ST.) NO. 5256 OF 2025 Romila Tushar Gaikwad & Ors.

INTERIM APPLICATION (ST.) NO. 7740 OF 2025 REVIEW PETITION (ST.) NO. 6072 OF 2025 WRIT PETITION NO. 1334 OF 2024

Trupti 2 Review Petition common order.odt REVIEW PETITION (ST.) NO. 6072 OF 2025 Smita Shubhash Dodhad & Ors.

INTERIM APPLICATION (ST.) NO. 7741 OF 2025 REVIEW PETITION (ST.) NO. 5431 OF 2025 WRIT PETITION NO. 1441 OF 2024 REVIEW PETITION (ST.) NO. 5431 OF 2025 Aparna Vikas Bhor & Ors.

INTERIM APPLICATION (ST.) NO. 7742 OF 2025 REVIEW PETITION (ST.) NO. 6063 OF 2025 WRIT PETITION NO. 1445 OF 2024 REVIEW PETITION (ST.) NO. 6063 OF 2025 Akshata Suhas Chavan & Ors.

Trupti 3 Review Petition common order.odt INTERIM APPLICATION (ST.) NO. 7839 OF 2025 REVIEW PETITION (ST.) NO. 7313 OF 2025 WRIT PETITION NO. 1337 OF 2024 REVIEW PETITION (ST.) NO. 7313 OF 2025 Yogita Shantanu Kulkarni & Ors.

INTERIM APPLICATION (ST.) NO. 7841 OF 2025 REVIEW PETITION (ST.) NO. 6070 OF 2025 WRIT PETITION NO. 1336 OF 2024 REVIEW PETITION (ST.) NO. 6070 OF 2025 Amit Balasaheb Jawalkar & Ors.

INTERIM APPLICATION (ST.) NO.7846 OF 2025 REVIEW PETITION (ST.) NO.6068 OF 2025 WRIT PETITION NO. 1440 OF 2024

Trupti 4 Review Petition common order.odt REVIEW PETITION (ST.) NO.6068 OF 2025 Vasudha Kailas Waykole & Ors.

INTERIM APPLICATION (ST.) NO. 7847 OF 2025 REVIEW PETITION (ST.) NO. 6069 OF 2025 WRIT PETITION NO. 1443 OF 2024 The State of Maharashtra & Ors.

REVIEW PETITION (ST.) NO. 6069 OF 2025 Vaishnavi Ratnakar Borawake & Ors.

INTERIM APPLICATION (ST.) NO. 7849 OF 2025 REVIEW PETITION (ST.) NO. 5423 OF 2025 WRIT PETITION NO. 1339 OF 2024 REVIEW PETITION (ST.) NO. 5423 OF 2025 Rupali Dnyaneshwar Shinde & Ors.

Trupti 5 Review Petition common order.odt INTERIM APPLICATION (ST.) NO. 7850 OF 2025 REVIEW PETITION (ST.) NO. 5465 OF 2025 WRIT PETITION NO. 1691 OF 2024 The Divisional Chairman, Maharashtra State Board of Secondary and Higher Secondary Education & Ors.

REVIEW PETITION (ST.) NO. 5465 OF 2025 The Divisional Chairman, Maharashtra State Board of Secondary and Higher Secondary Education & Ors.

Sudhirkumar Vitthal Gaikwad & Ors.

INTERIM APPLICATION (ST.) NO. 7852 OF 2025 REVIEW PETITION (ST.) NO. 5459 OF 2025 WRIT PETITION NO. 1338 OF 2024 REVIEW PETITION (ST.) NO. 5459 OF 2025 Pradnya Suresh Deshmukh & Ors.

INTERIM APPLICATION (ST.) NO. 7853 OF 2025 REVIEW PETITION (ST.) NO. 6062 OF 2025 WRIT PETITION NO. 1444 OF 2024

Trupti 6 Review Petition common order.odt REVIEW PETITION (ST.) NO. 6062 OF 2025 Chaitali Girish Garge & Ors.

INTERIM APPLICATION (ST.) NO. 7854 OF 2025 REVIEW PETITION (ST.) NO. 5479 OF 2025 WRIT PETITION NO. 9496 OF 2024 Deputy Director of Education, Pune & Ors, REVIEW PETITION (ST.) NO. 5479 OF 2025 Deputy Director of Education, Pune & Ors.

The Maharashtra Education Society & Anr.

INTERIM APPLICATION (ST.) NO.7855 OF 2025 REVIEW PETITION (ST.) NO. 6061 OF 2025 WRIT PETITION NO. 1439 OF 2024 REVIEW PETITION (ST.) NO. 6061 OF 2025 Tejaswini Mayuresh Gaidhani & Ors.

Trupti 7 Review Petition common order.odt INTERIM APPLICATION (ST.) NO. 7857 OF 2025 REVIEW PETITION (ST.) NO. 6415 OF 2025 WRIT PETITION NO. 1341 OF 2024 REVIEW PETITION (ST.) NO. 6415 OF 2025 Swapnali Devanand Sonawane & Ors.

INTERIM APPLICATION (ST.) NO. 7859 OF 2025 REVIEW PETITION (ST.) NO. 6113 OF 2025 WRIT PETITION NO. 1340 OF 2024 REVIEW PETITION (ST.) NO. 6113 OF 2025 Dileep Laxman Sonkamble & Ors.

INTERIM APPLICATION (ST.) NO. 8136 OF 2025 REVIEW PETITION (ST.) NO. 6083 OF 2025 WRIT PETITION NO. 1335 OF 2024

Trupti 8 Review Petition common order.odt REVIEW PETITION (ST.) NO. 6083 OF 2025 Shubhada Vaibhav Phadnis & Ors.

(NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5648 OF 2025 WRIT PETITION NO. 1443 OF 2024 Vaishnavi Ratnakar Borawake Applicant The Secretary/ Chairman, Maharashtra Education Society & Ors.

(NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5641 OF 2025 WRIT PETITION NO. 1445 OF 2024 Akshata Suhas Chavan Applicant The Secretary/ Chairman, Maharashtra Education Society & Ors.

(NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5647 OF 2025 WRIT PETITION NO. 1442 OF 2024 Romila Tushar Gaikwad Applicant The Secretary/ Chairman, Maharashtra Education Society & Ors.

Trupti 9 Review Petition common order.odt (NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5637 OF 2025 WRIT PETITION NO. 1441 OF 2024 Aparna Vikas Bhor Applicant The Secretary/ Chairman, Maharashtra Education Society & Ors.

(NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5656 OF 2025 WRIT PETITION NO. 1440 OF 2024 Vasudha Kailas Waykole Applicant The Secretary/ Chairman, Maharashtra Education Society & Ors.

(NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5653 OF 2025 WRIT PETITION NO. 1444 OF 2024 Chaitali Girish Garge Applicant The Secretary/ Chairman, Maharashtra Education Society & Ors.

(NOT ON BOARD) INTERIM APPLICATION (ST.) NO. 5640 OF 2025 WRIT PETITION NO. 1439 OF 2024

Trupti 10 Review Petition common order.odt Tejaswini Mayuresh Gaidhani Applicant The Secretary/Chairman, Maharashtra Education Society & Ors.

....

Mr.B.V.Samant, Addl.GP with Mr.V.G.Badgujar, AGP for the Applicant/ State in all Interim Applications and the Review Petitions. Mr.Suresh Pakale, Senior Advocate with Mr.Nilesh Desai for the Respondent.

Mr.Aniruddha Arun Garge i/b. Mr.Kashyap Bhalerao for the Applicants in Interim Application (St.) Nos. 5653 of 2025, 5641 of 2025, 5640 of 2025, 5637 of 2025, 5656 of 2025, 5647 of 2025 and 5648 of 2025/ Original Petitioners in concerned Writ Petitions. Mr.Neel Helekar for the Petitioners in WP No. 9496 of 2024. Mr.Irvin D'souza for the Petitioner in WP No. 1691 of 2024. ....

CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE : 3rd March, 2025 P.C.:

1.

The Interim Applications and the Review Petitions filed by the State of Maharashtra, are not on board. On mentioning, taken on production board. So also, the Interim Applications filed by the Original Petitioners in Writ Petition Nos. 1439 of 2024, 1440 of 2024, 1441 of 2024, 1442 of 2024, 1443 of 2024, 1444 of 2024 and 1445 of 2024 are not on board. On mentioning, taken on board.

Trupti 11 Review Petition common order.odt 2.

We have heard the learned Senior Advocate, the learned Advocates and the learned Addl.GP, for the respective sides on the Interim Applications seeking condonation of delay. 3.

Considering the law laid down by the Hon'ble Supreme Court in the case of Collector, Land Acquisition, Anantnag v/s Mst.Katiji, AIR 1987 SC 1353 and in the case of Esha Bhattacharjee v/s Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649, and as the delay is neither deliberate, nor inordinate, all these Interim Applications are allowed. The delay is condoned. 4.

By the consent of the parties, all the Review Petitions are taken up for hearing.

5.

The only reason for filing of these Review Petitions is that, a wrong authority is directed to re-decide the issue afresh. The impugned orders in the original Writ Petitions were passed by the Divisional Chairman, Maharashtra State Board of Secondary and Higher Secondary Education, Pune. This Court, by a common order dated 21st October, 2024, set aside the impugned orders for the reasons set out therein and

Trupti 12 Review Petition common order.odt remitted the matters for issuance of show cause notices and a rehearing with reasonable opportunity to the parties.

6.

Inadvertently, when the Divisional Chairman had passed the orders, we were informed that the Deputy Director of Education, Kolhapur Division, Kolhapur will have to hear these matters. Because of this mistake, the State has preferred these Review Petitions. 7.

Mr.Pakale, the learned Senior Advocate, submits that because the approvals were granted by the Deputy Director of Education, the matters would lie before the same Authority for rehearing. 8.

We are informed by the learned Addl.GP that the said Authority would be the Divisional Chairman, Maharashtra State Board of Secondary and Higher Secondary Education, Pune Divisional Board, Pune.

9.

It would be a wasteful exercise if we do not carry out the correction as is pointed out in the Review Petitions. Whether the said Authority has the jurisdiction to cancel the approvals of these Original Petitioners, is a matter to be adjudicated upon by the said Authority.

Trupti 13 Review Petition common order.odt 10.

In view of the above, the Review Petitions are allowed. 11.

Paragraph 6 of the order under review, be corrected by replacing the 'Office of the Deputy Director of Education, Kolhapur Division, Kolhapur', with 'the Divisional Chairman, Maharashtra State Board of Secondary and Higher Secondary Education, Pune Division Board, Pune'. Similar correction would occur in paragraph 7 of the order under review. The same shall be corrected.

12.

All contentions, including the issue of whether the said Authority has the jurisdiction, are kept open. 13.

Pending Interim Applications filed by the Original Petitioners would not survive and disposed off in light of paragraph 8 of our order dated 21st October, 2024.

14.

The ninety days to be calculated from the date of uploading of this order on the official website of the High Court, Bombay. ( M.M. SATHAYE, J.) ( RAVINDRA V. GHUGE, J.)