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[Cites 7, Cited by 0]

Bombay High Court

The State Of Maharashtra Medical ... vs Nagamma Vijay Vallapolu on 10 April, 2026

2026:BHC-KOL:3186
                                                                       WP-10825 OF 2025 and ors.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIRCUIT BENCH AT KOLHAPUR
                                    CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 10825 OF 2025

                      The State Of Maharashtra Through Medical Education And Drugs
                                               Department
                                                 VERSUS
                                         Ambubai Shivaji Kamble

                                                    WITH
                                    WRIT PETITION (STAMP) NO. 2451 OF 2026

                            The State Of Maharashtra Medical Education And Drugs
                                                 Department
                                                  VERSUS
                                           Sanjay Govind Shingade

                                                    WITH
                                    WRIT PETITION (STAMP) NO. 2453 OF 2026

                            The State Of Maharashtra Medical Education And Drugs
                                                Department
                                                  VERSUS
                                            Datta Shivram Parase

                                                    WITH
                                    WRIT PETITION (STAMP) NO. 2454 OF 2026

                            The State Of Maharashtra Medical Education And Drugs
                                                Department
                                                  VERSUS
                                          Anand Shivram Chougule

                                                    WITH
                                    WRIT PETITION (STAMP) NO. 2455 OF 2026

                            The State Of Maharashtra Medical Education And Drugs


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                                            Department
                                              VERSUS
                                       Laxman Daulat Naryankar

                                        WITH
                        WRIT PETITION (STAMP) NO. 2456 OF 2026

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                             Parvati Hanmantu Zample

                                        WITH
                        WRIT PETITION (STAMP) NO. 2457 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                             Rangnath Vitthal Waghmare

                                        WITH
                        WRIT PETITION (STAMP) NO. 2458 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                 Deepak Sham Dube

                                        WITH
                        WRIT PETITION (STAMP) NO. 2460 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                               Digamber Revan Babare

                                        WITH
                        WRIT PETITION (STAMP) NO. 2461 OF 2026



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                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                             Subhash Dnyandeo Randive

                                          WITH
                        WRIT PETITION (STAMP) NO. 2462 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                Kiran Manik Kadam

                                        WITH
                        WRIT PETITION (STAMP) NO. 2465 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                Jayesh Bhimraj Ohol

                                        WITH
                        WRIT PETITION (STAMP) NO. 2467 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                       VERSUS
                               Vitthal Ambadas Mane

                                        WITH
                        WRIT PETITION (STAMP) NO. 2470 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                       VERSUS
                               Sushila Balu Waghmare

                                        WITH
                        WRIT PETITION (STAMP) NO. 2483 OF 2026


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                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                               Shilpa Arvind Yampure

                                        WITH
                        WRIT PETITION (STAMP) NO. 2486 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                               Ujwala Mahesh Gadade

                                        WITH
                        WRIT PETITION (STAMP) NO. 2489 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                      VERSUS
                               Sainath Tipaana Rathod

                                        WITH
                        WRIT PETITION (STAMP) NO. 2491 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                              Ravikant Laxman Salunke

                                        WITH
                        WRIT PETITION (STAMP) NO. 2494 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                      VERSUS
                           Niranjan Ranusing Gorandewale

                                        WITH


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                        WRIT PETITION (STAMP) NO. 2495 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                      Department
                                       VERSUS
                                Ajit Gautam Gajdhane



                                        WITH
                        WRIT PETITION (STAMP) NO. 2496 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                       VERSUS
                                Kavita Mantesh Mane

                                        WITH
                        WRIT PETITION (STAMP) NO. 2497 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                                Laxmi Devidas Gandi

                                        WITH
                        WRIT PETITION (STAMP) NO. 2520 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                      VERSUS
                           Shrinivas Ramchandra Muglikar

                                        WITH
                        WRIT PETITION (STAMP) NO. 2521 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS


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                                       Nagamma Vijay Vallapolu



                                        WITH
                        WRIT PETITION (STAMP) NO. 2523 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                 Radha A Gaikwad

                                        WITH
                       WRIT PETITION (STAMP) NO. 29265 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                             Ranjana Devidas Kamble

                                        WITH
                       WRIT PETITION (STAMP) NO. 29293 OF 2025

             State Of Maharashtra Trhough Medical Education And Drugs
                               Department Mantralya
                                      VERSUS
                               Nagubai Laxman Kade

                                        WITH
                       WRIT PETITION (STAMP) NO. 29486 OF 2025

          State Of Maharashtra Medical Education And Drugs Department
                                  Mantralaya
                                    VERSUS
                           Ranjana Krushna Pandhare

                                        WITH
                       WRIT PETITION (STAMP) NO. 30245 OF 2025
             State Of Maharashtra Through Medical Education And Drugs

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                                        Department Mantralaya
                                                VERSUS
                                       Savitra Pirappa Waghmare

                                        WITH
                       WRIT PETITION (STAMP) NO. 30246 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                          Department Mantralaya Mumbai
                                      VERSUS
                             Mandakini Ashok Bansode



                                        WITH
                       WRIT PETITION (STAMP) NO. 30282 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                             Department Mantralaya
                                     VERSUS
                             Tabassum Rashid Shaikh

                                        WITH
                       WRIT PETITION (STAMP) NO. 30559 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                                    Department
                                      VERSUS
                               Mumtaj Hasan Shaikh

                                        WITH
                       WRIT PETITION (STAMP) NO. 30700 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                                Department Mumbai
                                      VERSUS
                               Rohit Satish Davankar




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                                        WITH
                       WRIT PETITION (STAMP) NO. 30704 OF 2025

             State Of Maharashtra Trhough Medical Education And Drugs
                                Department Mumbai
                                      VERSUS
                         Sudarshan Chandrakant Gaikwad

                                        WITH
                       WRIT PETITION (STAMP) NO. 30760 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                                    Department
                                      VERSUS
                                Suhas Datta Sawant

                                        WITH
                       WRIT PETITION (STAMP) NO. 30807 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                               Lajina Javed Pathan

                                        WITH
                       WRIT PETITION (STAMP) NO. 30818 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                            Kumar Baburao Waghmare

                                        WITH
                       WRIT PETITION (STAMP) NO. 30937 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                              Shahnaz Moosa Jamadar


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                                        WITH
                       WRIT PETITION (STAMP) NO. 30957 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                       VERSUS
                              Dipali Balasaheb Gaikwad



                                        WITH
                       WRIT PETITION (STAMP) NO. 31014 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                             Prashant Harischandra Mule

                                        WITH
                       WRIT PETITION (STAMP) NO. 31026 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                Chhya Kiran Ughade

                                            WITH
                               WRIT PETITION NO. 13079 OF 2025

                              Mandakini Ashok Bansode
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12988 OF 2025

                                       Nagubai Laxman Kade


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                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12989 OF 2025

                           Shrinivas Ramchandra Muglikar
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13001 OF 2025

                               Avinash Dagdu Yerwade
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12999 OF 2025

                               Ramesh Ambaso Mane
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12986 OF 2025

                               Uttam Charandas Parve
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13041 OF 2025


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                               Sagar Madhukar Kamble
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13042 OF 2025

                                Laxmi Devidas Gandi
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13039 OF 2025

                             Kumar Baburao Waghmare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13037 OF 2025

                              Parshuram Krushna Mane
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12984 OF 2025

                                       Raju Motilal Maske
                                            VERSUS
                              The State Of Maharashtra And Others
                                             WITH
                               WRIT PETITION NO. 12972 OF 2025


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                                      Datta Shivram Parase
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12968 OF 2025

                                       Kiran Manik Kadam
                                             VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12978 OF 2025

                           Shri. Devidas Gorakh Pawar
                                     VERSUS
         The State Of Maharashtra Thr. Medical Education And Drugs Dept.
                                     And Ors.

                                        WITH
                       WRIT PETITION (STAMP) NO. 31482 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                               Archana Lakula Sakhare

                                        WITH
                       WRIT PETITION (STAMP) NO. 31486 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                       VERSUS
                             Akshay Atamaram Waghmare

                                            WITH
                               WRIT PETITION NO. 13054 OF 2025



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                                    Sainath Tipanna Rathod
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 13029 OF 2025

                               Digamber Revan Babare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13031 OF 2025

                             Subhash Dnyandeo Randive
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13003 OF 2025

                               Archana Lakula Sakhare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12992 OF 2025

                                Vimal Santosh Gujare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.
                                        WITH
                         WRIT PETITION NO. 13010 OF 2025




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                               Sanjay Govind Shingade
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13005 OF 2025

                                Mumtaj Hasan Shaikh
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13009 OF 2025

                               Shilpa Arvind Yampure
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13012 OF 2025

                              Shahnaz Moosa Jamadar
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13006 OF 2025

                              Somnath Basappa Takalge
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH


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                               WRIT PETITION NO. 13008 OF 2025

                                 Sachin Tanaji Pawar
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13015 OF 2025

                           Ravikumar Jayasingh Kaiyyawale
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13018 OF 2025

                                 Suhas Datta Sawant
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13019 OF 2025

                              Anand Shivram Chougule
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13021 OF 2025

                              Ravikant Laxman Salunke
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.


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                                            WITH
                               WRIT PETITION NO. 13007 OF 2025

                                  Sujit Balu Kamble
                                       VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13044 OF 2025

                             Smt. Shobha Vilas Nikambe
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                             WITH
                                 WRIT PETITION NO. 793 OF 2026

         Pirappa Shripati Vhankade Died Lrs Rekha Pirappa Vhankade And
                                     Others
                                    VERSUS
                         State Of Maharashtra And Others

                                             WITH
                                 WRIT PETITION NO. 792 OF 2026

          Sudarshan Chandrakant Gaikwad Died Legal Heirs Ranjana And
                                    Others
                                   VERSUS
                       State Of Maharashtra And Others

                                        WITH
                        WRIT PETITION (STAMP) NO. 2471 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya


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                                              VERSUS
                                       Somnath Basappa Takalge

                                        WITH
                        WRIT PETITION (STAMP) NO. 2472 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                               Amol Shivaji Prakshale

                                        WITH
                       WRIT PETITION (STAMP) NO. 30242 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                          Tushar Dhananjay Chandanshive

                                        WITH
                       WRIT PETITION (STAMP) NO. 30980 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                                    Department
                                      VERSUS
                          Ravikumar Jayasingh Kaiyyawale

                                            WITH
                               WRIT PETITION NO. 12987 OF 2025

                            Jayshree Santosh Talbhadare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12985 OF 2025



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                              Ashok Munkanna Zample
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13013 OF 2025

                               Tabassum Rashid Shaikh
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.
                                        WITH
                         WRIT PETITION NO. 13060 OF 2025

                             Savitra Pirappa Waghmare
                                      VERSUS
             The State Of Maharashtra Thr. Medical Education And Drugs
                               Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13016 OF 2025

                                 Lajina Javad Pathan
                                       VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                        WRIT PETITION (STAMP) NO. 2378 OF 2026

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                          Jayshree Santosh Talbhandare

                                        WITH
                        WRIT PETITION (STAMP) NO. 2534 OF 2026


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              State Of Maharashtra Through Medical Educatin And Drugs
                               Department Mantralaya
                                      VERSUS
                              Shrinivas Yogesh Channa

                                        WITH
                        WRIT PETITION (STAMP) NO. 2536 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                             Ratnabai Shrishail Khairate

                                            WITH
                               WRIT PETITION NO. 12994 OF 2025

                              Parvati Hanmantu Zample
                                       VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12976 OF 2025

                                   Devdas Madayya Gudshellu
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12973 OF 2025

                                     Ujwala Mahesh Gadade
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 13047 OF 2025


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                            Mangesh Govardhan Zombade
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13022 OF 2025

                              Nagamma Vijay Vallapolu
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13046 OF 2025

                              Shrinivas Yogesh Channa
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13045 OF 2025

                            Smt. Ranjana Devidas Kamble
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13043 OF 2025

                               Vishal Hariba Gaikwad
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.




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                                            WITH
                               WRIT PETITION NO. 13025 OF 2025

                           Smt. Ranjana Krushna Pandhare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.



                                            WITH
                               WRIT PETITION NO. 13026 OF 2025

                               Akash Dipak Prakshale
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13027 OF 2025

                               Avinash Bharat Ghotikar
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13030 OF 2025

                              Sunil Hanmantu Vallapolu
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.




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                                            WITH
                               WRIT PETITION NO. 13002 OF 2025

                                Jayshri Kiran Shinde
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13033 OF 2025

                               Sangita Vaibhav Kadam
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13020 OF 2025

                                    Pradip Revansiddha Koli
                                            VERSUS
                              The State Of Maharashtra And Others

                                        WITH
                       WRIT PETITION (STAMP) NO. 31012 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                      VERSUS
                             Petras Dawid Channapagolu

                                            WITH
                               WRIT PETITION NO. 13034 OF 2025

                              Ambubai Shivaji Kambale
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.


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                                            WITH
                               WRIT PETITION NO. 13038 OF 2025

                               Shrikant Jeevan Boledul
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                       WRIT PETITION (STAMP) NO. 31477 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                               Vishal Hariba Gaikwad

                                        WITH
                       WRIT PETITION (STAMP) NO. 31481 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                              Pradnya Jagnnath Kamble

                                        WITH
                       WRIT PETITION (STAMP) NO. 31483 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                       VERSUS
                               Shridevi Anil Waghmare



                                        WITH
                       WRIT PETITION (STAMP) NO. 31484 OF 2025

                The State Of Maharashtra Medical Education And Drugs


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                                              Department
                                                VERSUS
                                       Pirappa Shripati Vhankade

                                            WITH
                               WRIT PETITION NO. 13052 OF 2025

                             Smt. Laxmi Sidram Mhetre
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13051 OF 2025

                           Smt. Dipali Balasaheb Gaikwad
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13050 OF 2025

                         Smt. Archana Appasaheb Somavanse
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.



                                            WITH
                               WRIT PETITION NO. 13023 OF 2025

                                Jayesh Bhimraj Ohol
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.




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                                            WITH
                               WRIT PETITION NO. 13000 OF 2025

                                 Deepak Sham Dube
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12998 OF 2025

                                Radha Arjun Gaikwad
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.



                                            WITH
                               WRIT PETITION NO. 13049 OF 2025

                              Pradnya Jagnnath Kamble
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                        WRIT PETITION (STAMP) NO. 2537 OF 2026

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                              Mainabai Baliram Dolare

                                            WITH
                               WRIT PETITION NO. 12991 OF 2025

                                   Chandrakala Gurunath Chavan


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                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12996 OF 2025

                                Kavita Mantesh Mane
                                       VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13004 OF 2025

                             Nilesh Ramchandra Aabute
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                        WRIT PETITION (STAMP) NO. 2515 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                            Mangesh Govardhan Zombade

                                        WITH
                        WRIT PETITION (STAMP) NO. 2517 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                               Yasin Mehboob Shaikh

                                        WITH
                        WRIT PETITION (STAMP) NO. 2518 OF 2026


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                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                            Chandrakala Gurunath Chavan



                                        WITH
                        WRIT PETITION (STAMP) NO. 2528 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                Vimal Santosh Gujare

                                        WITH
                        WRIT PETITION (STAMP) NO. 2531 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                              Parshuram Krushna Mane

                                        WITH
                       WRIT PETITION (STAMP) NO. 30305 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                             Department Mantalaya
                                     VERSUS
                            Sunil Hanmantu Vallapolu

                                        WITH
                       WRIT PETITION (STAMP) NO. 30430 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                                    Department
                                      VERSUS
                              Avinash Bharat Ghotikar


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                                        WITH
                       WRIT PETITION (STAMP) NO. 30560 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                             Nilesh Ramchandra Aabute

                                        WITH
                       WRIT PETITION (STAMP) NO. 30599 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                              Shrikant Jeevan Boledul



                                        WITH
                       WRIT PETITION (STAMP) NO. 30699 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                             Department Mantralaya
                                     VERSUS
                                Sujit Balu Kamble

                                        WITH
                       WRIT PETITION (STAMP) NO. 31011 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                      VERSUS
                              Devdas Madayya Gudshellu

                                            WITH
                               WRIT PETITION NO. 12967 OF 2025




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                                     Sushila Balu Waghmare
                                             VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12965 OF 2025

                                     Vithal Ambadas Mane
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 13053 OF 2025

                              Mainabai Baliram Dolare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13011 OF 2025

                               Amol Shivaji Prakshale
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                        WRIT PETITION (STAMP) NO. 2446 OF 2026

          The State Of Maharashtra Through Medical Education And Drugs
                             Department Mantralaya
                                     VERSUS
                           Yallappa Jagdev Waghmode

                                        WITH
                        WRIT PETITION (STAMP) NO. 2447 OF 2026



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             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                               Laxmi Sidram Mhetre

                                        WITH
                        WRIT PETITION (STAMP) NO. 2473 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                               Sangita Vaibhav Kadam

                                        WITH
                        WRIT PETITION (STAMP) NO. 2474 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                             Anilkumar Kallappa Turabe

                                        WITH
                        WRIT PETITION (STAMP) NO. 2476 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                              Ashok Munkanna Zample

                                        WITH
                        WRIT PETITION (STAMP) NO. 2477 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                               Akash Dipak Prakshale

                                        WITH


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                        WRIT PETITION (STAMP) NO. 2478 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                            Siddharam Shetappa Bhanage

                                        WITH
                        WRIT PETITION (STAMP) NO. 2479 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                       VERSUS
                              Atish Khajappa Gajadhane

                                        WITH
                        WRIT PETITION (STAMP) NO. 2480 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                               Devidas Gorakh Pawar

                                        WITH
                        WRIT PETITION (STAMP) NO. 2481 OF 2026

                State Of Maharashtra Through Medical Education Drugs
                               Department Mantralaya
                                      VERSUS
                           Archana Appasaheb Somavanse

                                        WITH
                        WRIT PETITION (STAMP) NO. 2492 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                             Rajkumar Amogsiddh Narute



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                                        WITH
                        WRIT PETITION (STAMP) NO. 2493 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                     Department
                                       VERSUS
                               Pradip Revansiddha Koli

                                        WITH
                        WRIT PETITION (STAMP) NO. 2525 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                Jayshri Kiran Shinde

                                        WITH
                        WRIT PETITION (STAMP) NO. 2527 OF 2026

         State Of Maharashtra Through Medical Education And Drugs Dept
                                   Mantralaya
                                    VERSUS
                            Ambika Dattatray Kumar

                                        WITH
                        WRIT PETITION (STAMP) NO. 2532 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                                Sachin Tanaji Pawar

                                        WITH
                        WRIT PETITION (STAMP) NO. 2533 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS


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                                       Prashant Tanaji Gade

                                        WITH
                        WRIT PETITION (STAMP) NO. 2535 OF 2026

                The State Of Maharashtra Medical Education And Drugs
                                    Department
                                      VERSUS
                               Ramesh Ambadas Mane

                                            WITH
                               WRIT PETITION NO. 12993 OF 2025

                              Laxman Daulat Naryankar
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12995 OF 2025

                            Rajkumar Amogsiddh Narute
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                       WRIT PETITION (STAMP) NO. 30675 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                            Khairunissa Sayyad Pathan

                                        WITH
                       WRIT PETITION (STAMP) NO. 30698 OF 2025

                The State Of Maharashtra Medical Education And Drugs


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                                              Department
                                               VERSUS
                                       Narsing Narsappa Vitevolu

                                            WITH
                               WRIT PETITION NO. 13040 OF 2025

                           Tushar Dhananjay Chandanshive
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13036 OF 2025

                              Atish Khajappa Gajadhane
                                       VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                 Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12981 OF 2025

                                  Yallappa Jagdev Waghmode
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12983 OF 2025

                                    Shridevi Anil Waghmare
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12990 OF 2025

                                         Rohit Satish Davankar


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                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12997 OF 2025

                            Prasahant Harishchandra Mule
                                       VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                 Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12979 OF 2025

                                       Savitri Suresh Koli
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12982 OF 2025

                                  Petras Dawis Channapagolu
                                            VERSUS
                              The State Of Maharashtra And Others



                                            WITH
                               WRIT PETITION NO. 12977 OF 2025

                                  Akshay Atamaram Waghmare
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 13035 OF 2025

                                       Narsing Narsappa Vitevolu


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                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12960 OF 2025

                                   Khairunissa Sayyad Pathan
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12975 OF 2025

                                  Vishal Sidram Maindargikar
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12964 OF 2025

                                      Jyoti Ganesh Shinge
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12963 OF 2025

                             Yasin Mehboob Shaikh
                                    VERSUS
         The State Of Maharashtra Thr. Medical Education And Drugs Dept.
                                    And Ors.

                                        WITH
                       WRIT PETITION (STAMP) NO. 31474 OF 2025

                The State Of Maharashtra Medical Education And Drugs
                                    Department


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                                             VERSUS
                                       Shobha Vilas Nikambe

                                            WITH
                               WRIT PETITION NO. 13024 OF 2025

                               Laxmi Sanjeev Mhaisker
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13032 OF 2025

                                Chhaya Kiran Ughade
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13014 OF 2025

                             Ratnabai Shrishail Khairate
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 12974 OF 2025

                                Niranjan Ranusing Gorandewale
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12966 OF 2025

                                       Ajit Gautam Gajdhane


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                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12961 OF 2025

                                   Anilkumar Kallappa Turabe
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 12962 OF 2025

                                    Ambika Dattatray Kumar
                                            VERSUS
                              The State Of Maharashtra And Others

                                            WITH
                               WRIT PETITION NO. 13048 OF 2025

                            Siddharam Shetappa Bhanage
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13028 OF 2025

                             Rangnath Vitthal Waghmare
                                      VERSUS
                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                            WITH
                               WRIT PETITION NO. 13017 OF 2025

                                       Prashant Tanaji Gade
                                             VERSUS


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                State Of Maharashtra Thr. Medical Education And Drugs
                                Department And Ors.

                                        WITH
                       WRIT PETITION (STAMP) NO. 28988 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                            Avinash Dagadu Yerwade

                                        WITH
                       WRIT PETITION (STAMP) NO. 29186 OF 2025

          The State Of Maharashtra Through Medical Education And Drugs
                             Department Mantralaya
                                     VERSUS
                           Vishal Sidram Maindargikar

                                        WITH
                       WRIT PETITION (STAMP) NO. 29473 OF 2025

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                                 Savitri Suresh Koli

                                        WITH
                        WRIT PETITION (STAMP) NO. 2418 OF 2026

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                               Jyoti Ganesh Shinge

                                        WITH
                        WRIT PETITION (STAMP) NO. 2444 OF 2026



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             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                              Sagar Madhukar Kamble

                                        WITH
                        WRIT PETITION (STAMP) NO. 2445 OF 2026

          The State Of Maharashtra Through Medical Education And Drugs
                                   Department
                                     VERSUS
                               Raju Motilal Maske

                                        WITH
                        WRIT PETITION (STAMP) NO. 2448 OF 2026

             State Of Maharashtra Through Medical Education And Drugs
                              Department Mantralaya
                                      VERSUS
                              Laxmi Sanjeev Mhaisker

                                        WITH
                        WRIT PETITION (STAMP) NO. 2449 OF 2026

          State Of Maharashtra Medical Education And Drugs Department
                                    VERSUS
                             Uttam Charandas Parve

        Mr. M. S. Topkar a/w Mr. Daniel Dhanawade, Mr. Mark Dhanawade,
        Ms. Bhargavi Patil, Mr. Neev Patil for Petitioners in the Petitions filed
        by the employees and for Respondents in the petitions filed by the
        State.
        Mr. Siddheshwar B. Kalel AGP for the Petitioner-State in the
        petitions filed by the State and for the respondent-State in the
        petitions filed by the employees.

                                       CORAM :      SACHIN S. DESHMUKH, J.
                                       DATE :       10th APRIL, 2026.


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        JUDGMENT:

1. These petitions, presented under Articles 226 and 227 of the Constitution of India, raise an exception to the orders rendered by the Industrial Court in individual complaints. While the employees challenge these orders to the extent that they were denied the primary relief of regularisation although positive findings of fact. The State/employer has filed its own set of petitions to challenge the grant of even the limited relief directed by the Industrial Court namely, the forwarding of the employees' names for administrative approval against vacant posts.

2. Since all these writ petitions involve a common question of law and arise out of similar sets of facts and findings, are heard together and disposed of by this common judgment. For the purpose of adjudication, Writ Petition No. 13034 of 2025 (arising out of Complaint (ULP) No. 84 of 2018) as the lead petition.

3. The employees in these petitions were engaged by the State at Dr. Vaishampayan Memorial Government Medical College and Shri Chhatrapati Shivaji Maharaj Sarvopachar Rugnalay, Solapur-- in Class IV positions. The lead Petitioner was engaged as a daily Iresh 41 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:52 ::: WP-10825 OF 2025 and ors.doc wage worker on 16 August 2010. The record reflects that approximately 120 similarly situated employees were engaged in a similar fashion. Having rendered continuous and uninterrupted service for over a decade, these employees were kept on daily wages, were below the statutory minimum, and were denied the benefits of permanency.

4. It is a matter of record that within the Respondent's establishment, there exist 383 sanctioned posts for the Class IV category. It is the specific case of the employees that over 100 of these posts have remained vacant for years. Although the availability of sanctioned vacancies and a Government Resolution dated 17 May 2019 directing the recruitment of 100% of these posts, the State chose to continue the employees on daily-wage basis.

5. Aggrieved by this continued uncertainty, the employees approached the Industrial Court, Solapur, invoking Items 5, 6, 9, and 10 of Schedule IV of The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Hereinafter referred as 'the said Act'). Employees alleged that the State had engaged in an unfair labour practice while continuing Iresh 42 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:52 ::: WP-10825 OF 2025 and ors.doc them on a temporary basis for years with the object of depriving them of the status and privileges of permanent employees.

6. The State resisted these complaints, primarily on the ground that the appointments were purely on daily-wage engagements based on oral instructions and did not follow regular recruitment procedures. However, the State did not successfully displace the evidence regarding the longevity of service or the existence of sanctioned vacant posts.

7. Upon evaluating the oral and documentary evidence, the Industrial Court rendered the orders under challenge (in the lead case, on 19 December 2024). The Court recorded a finding of fact that the employees had completed continuous service for more than decade and that sanctioned vacant posts were available. However, instead of granting the substantive relief of regularisation, the Court directed the Employer to forward proposals for 'approval' to the State Government, a direction which the employees contend is to leave the employees at the mercy of the State Government and contrary to the legitimate entitlement of employees and which the State challenges even in its limited form.

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8. In the backdrop of the aforesaid facts, Learned Counsel for the Petitioner-employees, while supporting the factual findings of the Industrial Court, submits that the Court failed to exercise its jurisdiction to grant the consequential relief of regularisation. It is argued that once the positive finding was recorded regarding the employees' entitlement based on long and continuous service (exceeding 240 days in each calendar year), the Industrial Court was not justified in restricting the relief to a mere direction to forward proposals for approval.

9. It is further submitted that the existence of sanctioned vacant posts is admitted by the Respondents themselves during the proceedings while issuing an advertisement for recruitment of inasmuch as 153 posts. Consequently, the Petitioner contends that any further administrative process or 'approval' is entirely redundant and serves only to delay the inevitable grant of permanency. The Petitioner asserts that the availability of these sanctioned vacancies, coupled with the clear mandate of the Government Resolution dated 17 May 2019 to fill 100% of vacant Class IV posts, establishes legitimate right in favor of the employees which cannot be deferred and in any event defeated by administrative laxities.

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10. The Petitioner argues that continuing the employees on a daily-wage basis for over a decade, while denying them the statutory benefits and job security associated with permanent employment, constitutes a unfair labour practice under Items 6, 9, and 10 of Schedule IV of the said Act. Reliance is placed on settled legal principles to contend that such prolonged temporary engagement of workers against perennial needs is an exploitation of labour that warrants immediate judicial intervention.

11. Finally, the Petitioner brings to the notice of this Court that during the pendency of these proceedings, and despite the Industrial Court's findings, the Respondents issued a fresh recruitment advertisement for the very posts currently occupied by these employees. It is submitted the action is not only contrary to the judicial findings but is a an attempt to displace the Petitioner and render the entire adjudication redundant. In light of these submissions, the Petitioner prays that the impugned orders deserves to be modified conferring direct and effective regularisation from the date of entitlement.

12. In process, learned Counsel for the Petitioner-employees have relied upon the following judgments:

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13. Per Contra, Learned Counsel appearing for the State and its authorities (the Petitioners in the cross-petitions) vehemently opposes the claim for regularisation and challenges the very legality of the Industrial Court's findings. It is primarily contended that the employees were engaged purely on a temporary, daily-wage basis without adhering to the constitutional scheme of public employment. The State submits that these appointments were made through oral instructions without advertisement or selection process, and consequently, such 'back-door entries' do not confer any legal right upon the employees to seek permanency or regularisation.

14. It is further submitted that the Industrial Court committed a grave error while concluding mere completion of 240 days of service ipso facto entitles an employee to permanency. It is further contended that regularisation is not an axiomatic consequence of long service, especially when the initial entry was not in conformity 1 2024 SCC Online SC 3826 2 2025 SCC Online SC 1735 3 2026 INSC 99 Iresh 46 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:52 ::: WP-10825 OF 2025 and ors.doc with the recruitment rules. The State challenges the finding of 'unfair labour practice' under Items 6, 9, and 10 of Schedule IV of the said Act, asserting that such a finding is perverse and unsupported by the evidence on record, as no promise of permanency was ever extended to these daily-wage workers.

15. Regarding the directions issued by the Industrial Court, the State contends that regularisation is a matter of policy and administrative discretion. It is submitted that the Court cannot bypass the mandatory requirement of obtaining previous approval from the competent Government bodies. The State maintains that the direction to forward a proposal for 'approval' is a necessary procedural safeguard to ensure compliance with financial and administrative norms, and the Industrial Court could not have directed the State to regularise services in absence of due process.

16. Lastly, the State justifies its action of issuing a fresh recruitment advertisement, contending that it is duty-bound to fill sanctioned vacant posts through a competitive and merit-based process. It is submitted that seeking to fill these vacancies through advertisement is in line with the principles of equality in public employment, and the employees are free to participate in such a Iresh 47 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc process alongside other eligible candidates. The State, therefore, prays for the quashing of the impugned orders and the dismissal of the employees' claims in their entirety.

17. In support of the submissions, learned AGP relied upon the Judgment of Hon'ble Apex Court in the case of Secretary, State of Karnataka v. Umadevi4.

18. Having heard the learned Counsel for the parties and having perused the record, the following issues arise for consideration:

(i) Whether the Industrial Court, after recording a categorical finding of fact that the employees had rendered long and continuous service against available sanctioned vacant posts, was justified in restricting the relief to a direction to 'forward a proposal for approval' instead of granting regularisation?
(ii) Whether the State can be permitted to defeat the claims of the employees, who have been found to be victims of unfair labour practices, by initiating a fresh recruitment process for the same posts during the pendency of these proceedings?

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(iii) Whether the findings of the Industrial Court regarding the existence of unfair labour practices and the entitlement of the employees to benefits of permanency suffer from any perversity or error of law warranting interference under the writ jurisdiction?

19. At the outset, it is necessary to examine the findings of fact recorded by the Industrial Court. Perusal of the impugned orders reveals a consistent finding in all matters that the employees have rendered long, continuous, and uninterrupted service for a period exceeding 15 years, and there exist clear vacancies against sanctioned posts within the establishment of the Respondent- Medical College. These findings are based on appreciation of the oral and documentary evidence adduced and admitted by litigating sides.

20. The existence of 383 sanctioned posts, with at least 145 posts lying vacant, is a matter of record and is admitted. Once these foundational facts are established namely, the perennial nature of the work, the availability of sanctioned vacancies, and the length of service rendered for more than decade, the 'unfair labour practice' on the part of the State in continuing these employees on a daily-

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21. The Hon'ble Supreme Court in Bhola Nath (supra) underscored the constitutional imperative of the State's action or lack thereof, in failing to recognise the continuous service of employees for regularisation. Such inaction was found to be inherently arbitrary and violative of the mandate of Article 14 of the Constitution of India. The Apex Court reaffirmed that the State, as a "model employer," is saddled with a heightened obligation to act with probity, fairness, and candour. It bears a social responsibility to preserve the dignity of its workforce and is strictly prohibited from exploiting the vulnerability, helplessness, or unequal bargaining position of its employees.

22. The Apex Court further examined the engagement of the employees on the anvil of fundamental rights and the doctrine of waiver. Although the initial appointments were temporary and governed by annual extensions, the fact remains that these extensions persisted for over 15 years. The Apex Court observed that such a prolonged period of temporary service creates a legitimate expectation of permanence. Consequently, the State's refusal to grant regularisation was regarded as an arbitrary exercise Iresh 50 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc of power warranting judicial interference. The Apex Court reiterated that Article 14 casts a non-negotiable obligation upon the State to treat all persons equally, and these fundamental rights, by their very nature, are incapable of being waived by the individual.

23. Furthermore, the Court held that where State action is in violation of Article 14, the mere fact that an engagement is governed by contractual terms cannot be construed as a waiver of fundamental rights. The "contractual" label does not provide a shield for the State to bypass constitutional protections. By addressing the limits on perpetual contractual engagements, the Apex Court effectively endorsed the entitlement of employees who have dedicated more than a decade of service to the State, holding that the State cannot indefinitely keep employees in a state of precariousness.

24. Once the fact of continuous service and available vacancies is established, the conduct of the State must be tested against the standards expected of a Model Employer. The State is not a private employer driven by profit motives; it is a Welfare State bound by the constitutional mandate of fairness, probity, and social responsibility under Article 14 of the Constitution. As a Model Employer, it is Iresh 51 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc under an obligation to ensure that its employment practices are free from arbitrariness and exploitation.

25. In the present case, the State's action in keeping Class-IV employees, who perform essential services in a medical hospital, on a precarious daily-wage basis for over 15 years is a clear departure from these constitutional obligations. It is unconscionable for the State to weaponize its domineering position to take advantage of the helplessness and weak bargaining power of its workers. Such a 'culture of adhocism,' where employees are kept in a state of perpetual uncertainty despite the perennial nature of their work, cannot be countenanced in a society governed by the Rule of Law.

26. The obligation of a Model Employer is to maintain and uphold the Doctrine of Legitimate Expectation. Where employees have been permitted to discharge their duties against sanctioned posts for a considerable and substantial length of time; in this case, more than a decade and a half, it is obvious that a legitimate expectation of claim for permanency would spring into action. By consistently granting extensions and retaining their services year after year, the State effectively prevented these individuals from seeking alternative livelihoods, reposing a confidence that their dedication Iresh 52 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc would receive formal recognition.

27. At this juncture, it is worthwhile to take note of Class-IV employees who are backbone of hospital operations. Without their dedication, functioning of the hospital would be paralyzed since it is hygiene which will suffer, patients' care also will be reduced and the medical staff in the process would be over burdened. Therefore, recognizing and respecting their duties and role is essential for proper functioning of the healthcare system. As such, it is indispensable one. Though, these employees work behind scene, their contribution facilitates patients' safety, hospital efficiency and overall healthcare services.

28. Confronted with the same, learned AGP has fairly accepted the indispensable role of these employees. As such, the exploitative approach adopted by the State has to be regarded as arbitrary and violative of constitutional mandate and keeping them for decades on temporary basis is certainly questionable act and does not suit the welfare State as a model employer and which cannot be driven by profits and culture of adhocism.

29. Furthermore, there are, legal vis-a-vis moral limits to perpetual contractual engagement. The State cannot be permitted to Iresh 53 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc continue adhocism indefinitely, as doing so has the direct effect of impairing the dignity and legitimate entitlements of the employees. It must be recognized that these employees are not mere 'ancillary' help; they are essential components of the medical college's machinery. The apathy displayed by the State in ignoring their 15 years of service is not only unpalatable but stands in direct contravention of the obligation of a Welfare State

30. Such insensitive approach of the State is further evidenced by the issuance of a fresh recruitment advertisement in October 2025 for 153 Class-IV posts. It is startling that while this Court is seized with the issue of these employees' entitlements, claims already upheld by the Industrial Court, the State has chosen to precipitate the matter attempting to fill these very posts through an external process. It is aimed at defeating the adjudicated rights of long- serving employees and rendering the judicial decisions redundant is highly improper. Instead of bolstering the claims of those who have dedicated over 15 years to the institution, the State has acted with a sense of impunity that this Court finds necessary to deprecate this approach of State in the strongest terms.

31. Furthermore, the State's reliance on the communication dated Iresh 54 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc 10 April 2026 to deny regularisation is entirely misplaced. In this communication, the Under Secretary sought to justify the denial by citing a lack of sanctioned posts and invoking the restrictive principles in the case of Umadevi (Supra). However, such a stand is factually and legally unsustainable, in the dint of verdict of Apex Court in case of Bholanath (Supra).

32. Recently cautioned by the Apex Court in Shripad (Supra) and Vinod Kumar (Supra), the decision in Umadevi cannot be used as a shield to perpetuate the exploitative engagement of temporary employees for decades. Where the State has failed to undertake regular recruitment for decades while continuing to utilize and exploit the services of the same individuals against perennial needs, it cannot now be permitted to take shelter under the guise of procedural irregularities to defeat their legitimate claims, unless illegality is demonstrated.

33. The findings rendered by the Industrial Court regarding long service and the existence of sanctioned posts are based on evidence and do not suffer from any perversity. On the contrary, once the Industrial Court found that the employees were victims of unfair labour practices, it ought to have granted the relief ensuring Iresh 55 of 57 ::: Uploaded on - 24/04/2026 ::: Downloaded on - 08/05/2026 22:43:53 ::: WP-10825 OF 2025 and ors.doc affirmative action directing regularisation. The approach of granting a conditional direction to 'forward names for approval' will relegate the employees at the mercy of the State.

34. In view of the detailed analysis and findings recorded above, my answers to the issues framed are as follows:

(i) The Industrial Court was not justified in restricting relief to a mere proposal. Once the facts of long service and vacant posts were established, the Court was duty-bound to grant the substantive relief of regularisation to prevent the continued exploitation of the employees.
(ii) The State, as a Model Employer, is prohibited from weaponizing its recruitment powers to displace employees whose rights to permanency have already been judicially recognized.
(iii) The factual findings of the Industrial Court regarding the existence of unfair labour practices are legally sound and based on evidence. However, the limited relief granted by the Industrial Court was an error of law that warrants interference and modification by this Court.
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35. In view of the aforesaid findings, communication dated 10/04/2026 issued by the State is unsustainable in law and shall not be acted upon.
36. Consequently, the Writ Petitions preferred by the employees deserve to be allowed, while the Writ Petitions filed by the State/Employer deserve to be dismissed.
37. Hence, the following order ORDER
(i) The Writ Petitions presented by the employees as indicated in the cause title are Allowed.

(ii) The Writ Petitions presented by the State/Employer as indicated in the cause title are Dismissed.

(iii) The impugned orders passed by the Industrial Court are modified and it is hereby directed that the said employees shall be regularised in service against available vacant sanctioned posts with all consequential_benefits.

iv) The State/Employer shall implement these directions within a period of eight (8) weeks from the date of this judgment.

IRESH (v) Rule is made absolute in the above terms. No order MASHAL Digitally signed as to costs.

by IRESH
MASHAL
Date:
2026.04.24
20:58:45
+0530


                                                                        [SACHIN S. DESHMUKH, J.]


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