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2025 DAILYLAW 3518 (BOM)

AMOL BHAURAO WANKHADE AND OTHERS v. STATE OF MAHARASHTRA, THR. PRINCIPAL SECRETARY, SCHOOL EDUCATION AND SPORTS DEPT., MUMBAI AND ORS

WP/591/2025 · 2026-08-18

body2025

Judgment text

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Order wp 591.2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 591 of 2025 [Amol Bhaurao Wankhade and ors. vs. The State of Maharashtra through its Principal Secretary, School Education and Sports Department and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. A. G. Ambetkar, Advocate for the petitioners through video conferencing Mr. S. B. Bissa, AGP for the State/respondent no. 1 Mr. B. N. Jaipurkar, Advocate for respondent nos. 3 and 4 Mr. A. P. Sadavarte, Advocate for respondent no. 5 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : 18-08-2026. Heard. 2. The prayer is to direct the respondents to reinstate the petitioners or to appoint them in terms of order dated 2-4-2024, 8-5-2024 and 18-7-2024 in Writ Petition No. 8786/2021 with connected petitions passed at Principal Seat of this Court. The operative part of the order dated 8-5-2024 reads as under :- “19. Since the Petitioners’ services have been discontinued on a misinterpretation of the order of status-quo, it is necessary that the position be restored. Therefore, we direct the State Government to continue the Petitioners in the school where they were initially appointed after examining that the strength of students is above one hundred. Services of the such Petitioners will be continued, and they will be paid Rs.7000/- per 2026:BHC-NAG:10692-DB Order wp 591.2025.odt 2 month, subject to further orders. Necessary action be taken within four weeks.” As could be seen, the Court directed the State Government to continue the petitioners in the school where they were initially appointed after examining that the strength of the students is above one hundred. 3. Respondent nos. 1 and 2 have filed reply stating therein that some of the petitioners have been accommodated considering the strength of the students and others have, however, not. Reply so given finds place in paragraph no. 26, which reads thus : "26. It is submitted that, out of the 9 petitioners in the Writ Petition no, 591 of 2025, 3 petitioners from Amravati District are working as part-time instructors in local body schools which have strength of students more than 100. As regards remaining 6 petitioners from Akola and Buldhana District, it is made clear that due to less number of strength of students, the petitioners are not given appointment. In Akola district, there are excess number of part-time instructors as against the number of schools having strength of students more than 100. It is submitted that, in future, if the student strength in a Local Body Upper Primary School exceeds 100, part-time instructors may be appointed to such schools, in accordance with the provisions in the Government Resolution dated 05.06.2025." Thus, the State Government and other respondents have taken necessary steps. Order wp 591.2025.odt 3 4. Learned counsel for the petitioners submits that petition could be disposed of on the basis of reply filed by respondent nos. 1 and 2, particularly what has been stated in paragraph no. 26 referred to above. 5. In view of above, the petition is disposed of in terms of the contents of paragraph no. 26 of the reply filed by respondent nos. 1 and 2. All concerned shall act accordingly. (JUDGE) (JUDGE) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 18/08/2026 18:17:26