KU. SHUBHANGI MADHUKARRAO KENE AND ORS. v. STATE OF MAHA. THR. ITS SEC.,DEPT OF SOCIAL JUSTICE AND SPECIAL ASSISTANCE DEPT. MUMBAI AND ORS.
WP/5526/2026 · 2026-08-27
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4510 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4510 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(1) 113wp5526.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5526/2026 Ku. Shubhangi Madhukarrao Kene and Ors. .Vs. State of Maharashtra 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. N. Shende, Advocate for petitioners. Mr. N. R. Patil, A.G.P. for respondent Nos.1 to 6.
CORAM :
ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.
DATE :
AUGUST 27, 2026. Leave to delete prayer clause (A) is granted. Amendment be carried out forthwith.
2. Heard.
3. Prayer is to direct respondent No.2 to grant benefit of absorption in favor of the petitioners and to pay regular salary with effect from December, 2025.
4.
Learned counsel for petitioners has invited our attention to clause 71 of the Special Schools Code. It provides for termination/retrenchment of services on various counts, one of which is closure of the school.
5. In the present case, the school has been de-recognized. Whether the management has challenged de-recognition or not and what is the present status, has been not set out in the petition.
6. Secondly and most importantly, learned A.G.P. submitted that the provisions of the Code have been amended/modified in the year 2018. The Code provides for procedure to deal with the teachers in a case where school is de-recognized. One of the clauses is that where the teachers are responsible for the de-recognition or closure of the school, they will be not entitled for absorption in any other school. These provisions would govern the field.
7. The petitioners have relied upon the Code or the clauses which are not applicable.
(2) 113wp5526.26
8. When we inquired, Mr. P. N. Shende, learned counsel for petitioners, submitted that he was not aware of the Code of 2018.
9. Thus, the petition is filed without referring to the relevant provisions. The petition is accordingly dismissed. The petitioners shall go through the Code of 2018 and they are at liberty to take appropriate steps, in accordance with law. (JUDGE) (JUDGE) Kahale Signed by: Kahale Designation: Senior Pvt. Secretary Date: 28/08/2026 14:21:34