Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 3681 (BOM)

ASHRAM SHALA SANTSHA CHALAK SANGH MAHARASHTRA STATE THROUGH ITS SECRETARY v. THE STATE OF MAHARASHTRA THROUGH CHIEF SECRETARY AND OTHERS

WP/6944/2025 · 2026-08-21

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 903-CA-9450-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6539 OF 2025 WITH CIVIL APPLICATION NO. 9450 OF 2026 WITH CIVIL APPLICATION NO. 5666 OF 2026 IN WP/6539/2025 BHAUSAHEB VITTHAL BHOGADE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... WITH WRIT PETITION NO. 6733 OF 2025 VINAYAK BABANRAO KSHIRSAGAR AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... WITH WRIT PETITION NO. 6582 OF 2025 MADHAV BHAGWANT LANDGE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... WITH WRIT PETITION NO. 6938 OF 2025 SWA. SUDAM PINGALE MEMORIAL TRUST, DHULE THROUGH ITS CHAIRMAN AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. Sarthak Gaikar, Advocate h/f Mr. Pralhad D. Bachate, Advocate for the Petitioner ... WITH WRIT PETITION NO. 6944 OF 2025 ASHRAM SHALA SANTSHA CHALAK SANGH MAHARASHTRA STATE THROUGH ITS SECRETARY VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... SVH 2026:BHC-AUG:38378-DB 2 903-CA-9450-26.odt Mr. Majit S. Shaikh, Advocate for the Petitioner ... WITH WRIT PETITION NO. 6543 OF 2025 BALU PRABHU DUDHADE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... WITH WRIT PETITION NO. 6533 OF 2025 SHRI. SUDAM VIKRAMRAO GAIKWAD AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Sambhaji G. Munde, Advocate for the Petitioners ... WITH WRIT PETITION NO. 6541 OF 2025 SUDAM SAKHARAM DALAVI AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. A. G. Ambetkar, Advocate for the Petitioners in All WPs Ms. N. B. Kamble, AGP for Respondents/State ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 21st AUGUST, 2026 PER COURT : 1. In all these writ petitions, Government Resolution dated 15/03/2024 (Clause 1.1 to 6.1) in respect of new Sanch Manyata / staffing pattern introduced by the respondent – State is challenged, being contrary to Section 25 and its Schedule of Right of Children to SVH 3 903-CA-9450-26.odt Free and Compulsory Education Act, 2009 and Article 21-A of the Constitution of India as well as observations of the Supreme Court in case of Rajneesh Kumar Pandey Vs. Union of India, reported in [2021 (17) SCC 1]. 2. By order dated 16/05/2025, passed by this Court [Coram: Arun R. Pedneker, J.] in Writ Petition No.6539 of 2025 and connected matters, the Vacation Court has granted interim relief to the similarly circumstanced petitioners by relying upon the order dated 23/04/2025 passed by this Court in Writ Petition No.5456 of 2025. Similar such relief was granted from time to time in all such matters. 3. This Court at Principal Seat finally decided Writ Petition No.5456 of 2025 and connected writ petitions by a detailed order dated 14/11/2025. Relevant part of the said order reads thus:- “34. In view of the foregoing discussions, the following order is passed: (i) … (ii) … (iii)The challenge laid to the G.R.-2024 fails and the writ petitions vide Writ Petition Nos.5456 of 2025, 6028 of 2025, 7548 of 2025, 7552 of 2025, 8239 of 2025, 8753 of 2025, 8946 of 2025, 9977 of 2025, 10213 of 2025, 10432 of 2025, 10433 of 2025, 10470 of 2025, 10497 of 2025, 5759 of 2025, 6213 of 2025, 10321 of 2025, Writ Petition (St.) Nos.15761 of 2025, 15782 of 2025, 13145 of 2025, 16603 of 2025 and Writ Petition (L) No.17362 of 2025 are dismissed. However, we observe that the respondent-Authorities shall not issue transfer orders after the cut-off date provided under the transfer policy, except in the administrative exigencies or under exceptional circumstances.” SVH 4 903-CA-9450-26.odt 4. Learned advocate for petitioners fairly agreed that the issue raised in these petitions is squarely covered by the said decision. He pointed out that this decision is challenged before the Apex Court and notices are issued in the applications seeking condonation of delay in Special Leave Petition (Civil) Diary No(s).33790/2026. Fact remains that there is no stay granted to the decision of the Principal Seat. 5. For the reasons stated in the said decision, the writ petitions are dismissed. Respondent authorities shall not issue transfer orders after the cut-off date provided under the transfer policy, except in the administrative exigencies or under exceptional circumstances. 6. Accordingly, the pending civil applications also stand disposed of. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) SVH