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2026 DAILYLAW 4937 (BOM)

NAVCHAITANYA GRAM VIKAS SHIKSHAN SANSTHA, THR. ITS PRESIDENT, TULSHIRAM A. WANVEY AND ANR. v. THE STATE OF MAHA., SCHOOL EDUCATION AND SPORTS DEPT. THR. ITS SEC. AND ORS.

WP/4935/2026 · 2026-08-25

body2026

Judgment text

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1 WP-4935-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.4935 OF 2026 [Navchaitanya Gram Vikas Shikshan Sanstha Vs. The State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri A.Z. Jibhkate with Shri P.A. Jibhkate, Counsel for Petitioners. Ms T.H. Khan, Assistant Government Pleader for Respondents. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS , JJ. D ATE : 25 th AUGUST, 2026 1. The proposal of the petitioners for inclusion of the name of petitioner No.2 in Shalarth Pranali was not considered in light of the stay by the Government for inclusion of such name in Shalarth Pranali vide Government Resolutions dated 4th April, 2025 and 28th May, 2025. Accordingly, the respondent No.3-Divisional Deputy Director of Education, Nagpur Division, Nagpur, has returned back such proposal to the respondent No.4- Education Officer (Secondary), Zilla Parishad, Wardha. 2. During the pendency of this petition, the Government Resolutions dated 4th April, 2025 and 28th May, 2025 came to be superseded by the Government Resolution dated 11th August, 2026. As such, the hurdle to consider the proposal to include the name of the petitioner No.2 in Shalarth Pranali has been removed. 3. Shri A.Z. Jibhkate, learned counsel for the petitioners, submits that in view of the judgment of the Co-ordinate Bench of this Court in the case of Vijay s/o Uttam Chavhan Versus State of Maharashtra and others, reported in 2026(4) Mh.L.J. 197, and more particularly the findings recorded in the said judgment in Paragraph 8 onwards, this Court may direct the respondents to include the name of the petitioner No.2 in Shalarth Pranali. 2026:BHC-NAG:11279-DB 2 WP-4935-2026.odt Shri Jibhkate learned counsel has also placed reliance on the order dated 26th February, 2025 passed by the Co-ordinate Bench of this Court in Writ Petition No.3637 of 2024 with Writ Petition No.3746 of 2024. 4. On the other hand, Ms T.H. Khan, learned Assistant Government Pleader for the respondents, submits that in view of subsequent events and change in circumstances, the petitioners shall submit a fresh proposal, which would be considered by the respondent-Authorities. 5. However, we are of the opinion that there is no reason to ask the petitioners to submit a fresh proposal, as the earlier proposal of the petitioners dated 19th November, 2025 has been returned back by the respondent No.3- Divisional Deputy Director of Education, Nagpur Division, Nagpur, to the respondent No.4- Education Officer (Secondary), Zilla Parishad, Wardha, in view of the Government Resolutions dated 4th April, 2025 and 28th May, 2025, which have already been superseded by the Government Resolution dated 11th August, 2026. 6. In the circumstances, the purpose of this petition would be served if the respondent No.4- Education Officer (Secondary) is directed to submit the proposal of the petitioner No.2 for inclusion of his name in Shalarth Pranali to the respondent No.3- Divisional Deputy Director of Education. On submission of such proposal, the respondent No.3- Divisional Deputy Director of Education to consider such proposal in light of the above-referred judgments and also any other judgments, if any, laying down a law as regards the point involved in this petition and take decision on such proposal. The respondent No.3 shall complete such process within three months from today and the decision taken thereupon shall be communicated to the petitioners within two weeks thereafter. 3 WP-4935-2026.odt 7. The learned counsel for the petitioners undertakes to communicate this order along with the copies of the above-referred two judgments to the respondent No.3- Divisional Deputy Director of Education, Nagpur Division, Nagpur, as well as to the respondent No.4- Education Officer (Secondary) Zilla Parishad, Wardha, within one week from today. 8. The petition is disposed of in above terms. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) LANJEWAR