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2026 DAILYLAW 8583 (BOM)

SAWAN S/O BABULAL KATRE AND OTHERS v. STATE OF MAHARASHTRA, THR. PRIN. SECRETARY, DEPT. OF EDUCATION AND SPORTS, MUMBAI AND ORS

WP/3628/2025 · 2026-09-16

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Judgment text

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(1) 102wp6917.26.3628.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.6917/2026 Yashpal Dashrath Bagmare and Ors. .Vs. State of Maharashtra and Ors. AND WRIT PETITION NO.3628/2025 Sawan Babulal Katre 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. Ram Karode, Advocate for petitioners in W.P.No.6917/26 Mr. S. A. Walde, Advocate for petitioners in W.P.No.3628/2025 Mr. S. B. Bissa, A.G.P. for respondent Nos.1 and 2-State. Mr. B.N. Jaipurkar, Advocate for respondent Nos. 2 and 3 in W.P.No.6917/26 Mr. A.Y. Kapgate, Advocate for respondent Nos. 3 and 4 in W.P.No.3628/25 CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : SEPTEMBER 16, 2026. On 07.09.2026, following order was passed. “1. Heard for some time. 2. The argument is that the issue involved is covered by a judgment dated 08.05.2026 passed by the Division Bench of this Court in Ganesh Mahadeo Asekar & Ors. Vs. The State of Maharashtra & Ors. (Writ Petition No. 5563/2022) with connected matters. 3. The respondents shall go through the aforesaid judgment, and extend benefits thereof to those petitioners, who are entitled to. 4. List the present Writ Petition on 16.09.2026 along with Writ Petition No. 3628 of 2025.” 2. Mr. B. N. Jaipurkar, learned counsel appearing for respondent Nos. 2 and 3, submits that the judgment referred to in the above order has been challenged before the Supreme Court in Special Leave Petition (Diary) No.56133/2026. He further submits that the petition is likely to be listed in near future. 3. We are informed that the Division Bench of this Court in Ganesh Mahadeo Asekar and Ors., has held that clause 3 of Government Circular dated 13.10.2016, issued by State of Maharashtra, is discriminatory in nature and accordingly the same has been quashed. (2) 102wp6917.26.3628.25 4. If such is the situation, unless the judgment in Ganesh Mahadeo Asekar and Ors. is stayed or is set aside by the Supreme Court, the parties will be bound by the law as declared in the aforesaid case. 5. With aforesaid clarification, the petitions are disposed of. (JUDGE) (JUDGE) Kahale Signed by: Kahale Designation: Senior Pvt. Secretary Date: 16/09/2026 14:55:07