(1) 46wp5822.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5822/2026 Bharat Shikshan Prasarak Mandal, Akola and anr. .Vs. Assistant Commissioner (Backward Classes Cell), Amravati and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. D. Meghe, Advocate for petitioners. Mr. N. R. Patil, A.G.P. for respondent Nos. 1 to 4. CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : AUGUST 11, 2026. Heard. 2. On 03.08.2025, following order was passed. “1) On 30/07/2026 following order was passed :- “1) Having heard for some time. The petition has been filed seeking direction to respondent No.1 to decide the issue of certification of roster in pursuance of the roaster submitted by the petitioner No.1 on 18/07/2026 within stipulated time. 2) The respondent No.1 Ku.Vaishali Ramkrushna Pathre, Assistant Commissioner (Backward Class Cell), Amravati Division, Amravati is present through video conferencing. She submits that communication is made today i.e. on 30/07/2026 with the Deputy Director, Amravati Division, Amravati, as also the management, indicating that the proposal has been examined. The teacher Smt.Hurpade, has been appointed in the year 2015 and therefore, the roster prior to 2015 should be furnished, so as to take decision on the proposal submitted by the management. 3) Learned AGP submits that the details of all the staff should be also furnished. 4) Since we are informed that the advertisement for appointment of teacher is to be uploaded on Pavitra Portal tomorrow, the management shall coordinate with respondent (2) 46wp5822.26 No.1 and furnish all the details as sought by respondent No.1. The necessary correspondence be made through e-mail. The management shall forthwith furnish e-mail ID to respondent No.1. It shall also furnish the information as mentioned in communication dated 30/07/2026. The additional information if sought by respondent No.1 should also be furnished today itself. The respondent No.1 shall take decision by 12.00 noon tomorrow. The decision should be communicated to management, who, thereafter, will be at liberty to take appropriate steps. 5) List the matter on 03/08/2026.” 2) In response, learned AGP submits that the entire exercise has been done, as directed by this Court and the roster was decided within time and was uploaded on 30/07/2026 at 8.00p.m. Thus, it was open for the petitioner to upload advertisement on 31/07/2026. 3) Mr.Meghe, learned counsel for the petitioner submits that he made attempt to upload advertisement, however, he was informed that the Pavitra Portal has been closed on 21/07/2026. So far as communication dated 20/07/2026, by which the date of uploading advertisement was allegedly extended, Annexure- XXIV is concerned, Mr.Meghe submits that he has been informed that this communication was never made by the respondent and that the said document is a fake document. 4) The petitioner by relying upon the said document had made a statement that the date of uploading advertisement has been extended till 31/07/2026. We were accordingly made to believe that, if the respondents are directed to decide the roster in a time bound manner, the petitioner will be able to upload the advertisement on Pavitra Portal on 31/07/2026. The communication which is relied upon by the petitioner is said to be fake. In that view of the matter, we call upon the petitioner to file affidavit stating the source of receipt of this communication. 5) Stand over to 11/08/2026 for further consideration.” 3. As could be seen, the petitioners have relied upon communication which is said to be fake. In response, the petitioners have filed affidavit stating therein that they have acted in terms of (3) 46wp5822.26 the document circulated in WhatsApp group related to the educational institutions. 4. We do not approve such a stand taken by the petitioners inasmuch as it was their duty to verify the genuineness of the document, whether or not it was circulated in a group or obtained from any other source. The petitioners failed to do so. 5. As such, the petitioners tendered apology, we accept the same but for the casual conduct we impose costs of Rs.5,000/- which the petitioners shall deposit with the Public Welfare Account maintained with Union Bank of India, High Court Branch, Civil Lines, Nagpur, bearing Account No.129712010001014 and IFSC UBIN0812978, within one week from today. 6. The petitioners have also averred that they are not willing to prosecute the petition. 7. In view of such averments, the writ petition is disposed of as not prosecuted. (JUDGE) (JUDGE) Kahale