{1} wp4128-26.doc drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4128 OF 2026 Mahesh Rajendra Bhosikar PETITIONER VERSUS The State of Maharashtra and Others RESPONDENTS ....... Mr. V. S. Panpatte, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondent - State ....… [CORAM : NITIN B. SURYAWANSHI, & ABASAHEB D. SHINDE, J. J.] DATE : 19 th AUGUST, 2026 ORDER : 1. By this Petition, the Petitioner has putforth following prayers: “B. By a Writ of certiorari or any other appropriate writ or direction in the like nature, the order dated 16.09.2024 issued by the respondent no.3 (at Exh.’I’) so also the order dated 14.01.2025 issued by the respondent no.3 at Exh.’L’ may kindly be quashed and set aside. C. By a writ of mandamus or any other appropriate writ or direction in the like nature, the respondent no.3 may kindly be directed to grant approval to the appointment of the petitioner as Shikshan Sevak from 22.11.2021 to 21.11.2024 and to grant permanent approval to the services of the petitioner as Assistant Teacher in regular pay-scale from 22.11.2024 and to release arrears of salary of the petitioner within stipulated period of one month by including the petitioner’s 2026:BHC-AUG:37821-DB {2} wp4128-26.doc name in Shalarth Pranili through the respondent no2.” 2. When we were inclined to dispose of the Writ Petition by granting liberty to the Petitioner, to approach the Grievance Committee constituted under the Government Resolution dated 27th March, 2024, learned Advocate for the Petitioner insisted for considering the Petition on merits, citing following judgments. I. Writ Petition No. 7355 of 2024 (Komal Balaji Awatirak V/s State of Maharashtra) II. Writ Petition No. 8322 of 2023 (Agrasen Shikshan Sanstha V/s State of Maharashtra and Others) III. Writ Petition No. 1775 of 2026 (Madhao Bahuddesiya Shiksan Sanstha V/s State of Maharashtra) IV. “Secretary Sh. A. P. D. Jain Pathshala and Others V/s Shivaji Bhagwat More and Others” 2011 AIR SCW 4326 V. Writ Petition NO. 940 of 2018 (Swati Shivaji Lawhare V/s State of Maharashtra) VI. Writ Petition No. 4168 of 2022 (Vimal Namdeorao Kurwade V/s State of Maharashtra and Others) VII. Sankar Padam Thapa V/s Vijaykumar Dineshchandra Agarwal 2026 (1) Mh.L.J. SC 1 VIII. “National Insurance Company Limited V/s Pranay Sethi and Others” 2017 AIR SC 5157 {3} wp4128-26.doc 3. According to the learned Advocate for the Petitioner, a reference is made to the Larger Bench, challenging the validity of the GR dated 27th March, 2024. Therefore, by relying on the other judgments of this Court as well as of the Apex Court, he submits that the Government has no authority to pass such resolution and constitute the Grievance Committee. 4. Admittedly, this Court has upheld the validity of the said GR, in two judgments. In Nagpur Bench judgment, passed in Writ Petition No. 1775 of 2026 and connected matters, this Court has made following observations : “9. That being so, we are of the considered view that in terms of law laid down by the Hon’ble Supreme Court in the case of Union Territory (supra) until the reference is answered by the Larger Bench, the law laid down by the Division Bench in Nitin Tadge and Komal’s case will have to be followed and since the validity of the Government Resolution has been upheld, the grievances / complaints enlisted in the Government Resolution will have to be processed in terms of the mechanism provided in the said Government Resolution coupled with the directions issued by the Court in Nitin Tadge’s case. 10. We may note here that in Nitin Tadge’s case the Division Bench took note of the fact that for petty matters which are not covered under Section 9 of the MEPS Act, the educational institutes and their employees are required to approach the High Court. The petty matters include denial of personal recognition of teaching and non teaching staff, the cases relating to rejection of transfer of teaching and non teaching staff, refusal to upgrade the post of part time librarian to that of full time librarian, cases relating to pay revision, pay increments and pay scale, cases relating to pension and pension benefits etc. The Division Bench was of the view that despite the legal position having been settled on these issues, the authorities {4} wp4128-26.doc of Education Department while passing orders ignore the legal position. This practice results into needless litigations. The Court also took note of the fact that there are many aided schools and institutions in Maharashtra and therefore there are number of applications seeking approval. Resultantly, the litigation arising from the inaction / and action of the authorities of the Education Department on these applications is substantial. The Division Bench was not really concerned with the number of matters but was more concerned about the reasons leading to these petitions one of which was inaction on the part of the educational authorities.” 5. We agree with the said view that till the reference is decided by this Court, the law declared by the Decisions in the cases of “Nitin Bhika Tagde and Another V/s the State of Maharashtra and Another” in Writ Petition No. 204 of 2019 and “Komal Balaji Awatirak and Another V/s The State of Maharashtra and Others” in Writ Petition No.7355 of 2024, will have to be followed. 6. In view of the above, the Writ Petition is disposed of by granting liberty to the Petitioner to approach Grievance Committee constituted under GR dated 27th March, 2024. [ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp4128-26.doc