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2026 DAILYLAW 8261 (BOM)

ROSHNI D/O. SUDHAKAR GARTULWAR v. STATE OF MAHARASHTRA, THR. SECRETARY, SOCIAL WELFARE AND SPECIAL ASSISTANCE DEPT., MUMBAI AND ORS.

CAW/2133/2026 · 2026-09-10

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Judgment text

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1 15 wp5438.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION CAW NO.2133/2026 WITH WRIT PETITION NO.5434/2025 Roshni d/o Sudhakar Gartulwar ..vs.. The State of Mah., thr.its Secretary, Social Welfare and Special Assistance Department, Mumbai and ors AND CIVIL APPLICATION CAW NO.2134/2026 WITH WRIT PETITION NO.5435/2025 Balu s/o Vishwanath Yelmule ..vs.. The State of Mah., thr.its Secretary, Social Welfare and Special Assistance Department, Mumbai and ors AND CIVIL APPLICATION CAW NO.2140/2026 WITH WRIT PETITION NO.5438/2025 Mahendra s/o Munnaji Tunkalwar ..vs.. The State of Mah., thr.its Secretary, Social Welfare and Special Assistance Department, Mumbai and ors AND CIVIL APPLICATION CAW NO.2141/2026 WITH WRIT PETITION NO.5439/2025 Mayuri d/o Nanaji Tunkalwar ..vs.. The State of Mah., thr.its Secretary, Social Welfare and Special Assistance Department, Mumbai and ors Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri Shankar Borkute, Counsel for the Petitioners. Mrs.S.S.Jachak, Addl.G.P. for Respondent Nos.1 to 3. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 10th SEPTEMBER, 2026. 1. Heard. 2. Petitioners have filed these present civil applications seeking direction to respondent No.3 – Superintendent of Police, Gadchiroli to permit them to resume and complete remaining period of their police training. 3. Learned counsel for petitioners submits that caste claim of petitioners belonging to “Zade Nomadic Tribe (C)” came to be 2026:BHC-NAG:12137-DB 2 15 wp5438.25.odt invalidated by respondent No.2 - Committee by order dated 27.3.2025. Consequent thereto, respondent No.3 by communication dated 17.9.2025 directed the Principal, Police Training Centre, Nagpur and Jalna respectively to send petitioners back to the Police Headquarters Gadchiroli for taking appropriate administrative action in view of the invalidation order. It is submitted that pursuant to the said communication, petitioners were relieved from the Police Training Centre and were not permitted to complete prescribed nine months police training. It is, therefore, prayed that respondent No.3 be directed to permit petitioners to undergo and complete remaining period of training. 4. Learned Additional Government Pleader appearing for respondent Nos.1 to 3 opposes these applications. It is submitted that this court by order dated 18.9.2025 stayed effect and operation of impugned order dated 27.3.2025 passed by respondent No.2 Committee. According to learned AGP, the communication issued by respondent No.3 preceded grant of interim protection by this court and was issued when the invalidation order was operative. It is, therefore, contended that no further directions are warranted. 5. We have considered rival submissions and prima facie it is evident that communication dated 17.9.2025 issued by respondent No.3 is merely a consequential action flowing from the invalidation order passed by respondent No.2 - Committee. Subsequently, this court by interim order dated 18.9.2025, stayed effect and operation of the said invalidation order and interim protection order continues to operate till date. 6. Once the very foundation for the consequential administrative action has been stayed by this court, the 3 15 wp5438.25.odt consequential action cannot be permitted to operate to prejudice of petitioners during subsistence of the interim order. 7. In the aforesaid circumstances and without expressing any opinion on the merits of the rival claims, we are of view that petitioners ought to be permitted to undergo and complete remaining period of police training subject to final outcome of writ petitions. Such direction would merely restore the position obtaining on account of interim protection granted by this court and would not confer any independent or additional equity upon petitioners. 8. Accordingly, civil applications are allowed and disposed of. 9. Respondent No.3 shall permit petitioners to resume and complete the training period of police training, subject to final decision in writ petitions. 10. It is clarified that petitioners shall not claim any equity solely on the basis of completion of the training and their rights shall remain governed by final outcome of writ petitions. 11. List these petitions on 21.10.2025 along with Writ Petition No.5436/2025. 12. Interim relief, if any, to continue. [JUDGE] [JUDGE] !! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 15/09/2026 10:27:59