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2026 DAILYLAW 18743 (BOM)

SONALI D/O SHIVAJI WAGHMARE AND ORS v. THE STATE OF MAHARASHTRA THRU. ITS PRINCIPAL SEC. SCHOOL EDUCATION AND SPORTS DEPT AND ORS

WP/13627/2026 · 2026-10-13

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

905-WP-12963-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12963 OF 2026 Sonali D/o Thakaji Ganje & Ors. ...Petitioners Versus The State Of Maharashtra Thr. Its Principal Secretary & Ors. ...Respondents WITH WRIT PETITION NO. 13627 OF 2026 Sonali D/o Shivaji Waghmare & Ors. ...Petitioners Versus The State Of Maharashtra Thru. Its Principal Sec. School Education And Sports Dept & Ors. ...Respondents _______ Mr. Devidas R. Shelke for Petitioners in both petitions. Mr. Aditya R. Deolekar, AGP for Respondent-State. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 13th OCTOBER 2026 P.C. 1. We have heard learned counsel for the parties. The prayers made in the petitions are required to be noted, which read thus: In Writ Petition No.12963 of 2026 (Sonali D/o Thakaji Ganje & Ors. vs. The State Of Maharashtra Thr. Its Principal Secretary & Ors.): “A) This Hon'ble Court be pleased to hold and declare that in the direction given in the judgment delivered by the Hon'ble Apex Court on 23.03.2026 in SLP No. 17514 & 17539/2025 in the case of Chaya Vs State of Maharashtra is also applicable to the petitioners. B) By a writ of mandamus, orders or directions in the nature of mandamus the respondent authority may kindly be directed to take necessary action to Ajit Pathrikar AJIT RAMESH PATHRIKAR Digitally signed by AJIT RAMESH PATHRIKAR Date: 2026.10.14 13:23:42 +0530 905-WP-12963-2026.DOC accommodate/appoint those petitioners who have secured higher marks than last selected candidate in the General Category. in Teachers Selection Process of 2024 in their home or adjacent district from vacant 30% post as per the letter dated 04.09.26 issued by respondent No.2 (Exhibit- ‘M’ Page No.215 to 217) C) Any other suitable and equitable relief to which the petitioners are entitled may kindly be granted.” In Writ Petition No. 13627 of 2026 (Sonali D/o Shivaji Waghmare & Ors. vs. The State Of Maharashtra Thru. Its Principal Sec. School Education And Sports Dept & Ors.): “A) This Hon'ble Court be pleased to hold and declare that in the direction given in the judgment delivered by the Hon'ble Apex Court on 23.03.2026 in SLP No. 17514 & 17539/2025 in the case of Chaya Vs State of Maharashtra is also applicable to the petitioners. B) By a writ of mandamus, orders or directions in the nature of mandamus the respondent authority may kindly be directed to take necessary action to accommodate/appoint those petitioners who have secured higher marks than last selected candidate in the General Category in Teachers Selection Process of 2024 in their home or adjacent district from vacant 30% post as per the letter dated 04.09.2026 iisued by respondent No.2 (Exhibit -'M' Page No.14 to 15 C) Any other suitable and equitable relief to which the petitioners are entitled may kindly be granted.” 2. At the outset, learned counsel for the Petitioners submits that similar issues had arisen before this Court in the case of Jagannath s/o Vitthal Shinde & Ors. vs. The State of Maharashtra Through Its Principal Secretary & Ors. (Writ Petition No. 11947 of 2026), decided on 7th September 2026, wherein this Court considered similar circumstances and passed the following order: “ORDER (i) Respondent Nos. 2 and 3 to consider and decide the representations of the Petitioners dated 13th June 2026, 25th June 2026, 12th August 2026 Ajit Pathrikar 905-WP-12963-2026.DOC and 18th August 2026 within a period of 4 weeks from the date of uploading of this order, in accordance with law. (ii) Let all parties be given an opportunity of hearing. (iii) All rights and contentions of the parties are expressly kept open. (iv) The petition is disposed of accordingly. No costs.” 3. In view of the above, we direct Respondent Nos. 2 and 3 to consider and decide the representations of the Petitioners dated 2nd September 2026, 4th September 2026, 7th September 2026, 8th September 2026 and 10th September 2026 in Writ Petition No. 12963 of 2026 and dated 28th September 2026 and 1st October 2026 in Writ Petition No. 13627 of 2026, in accordance with law, within a period of four weeks from the date of uploading of this order. 4. Disposed of in the aforesaid terms. No costs. 5. All contentions of the parties are expressly kept open. (DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.) Ajit Pathrikar