Bombay High Court
Anand Baburao Shinde And Ors vs The State Of Maharashtra And Ors on 28 August, 2019
Author: Bharati Dangre
Bench: Pradeep Nandrajog, Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4909 OF 2008
Jadhav S. Ramchandra .. Petitioner
Vs.
The Dy. Director of Education,
Nashik & Ors. .. Respondents
Mr. A. R. Shaikh for Petitioner.
Mr. K. S. Thorat, AGP for Respondent Nos.1, 2 & 4.
Ms. Saima Ansari I/by R. M. Momin for Respondent No.3.
WITH
WRIT PETITION NO. 5909 OF 2008
Majumdar Ujwala Moreshwar & Ors. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
Mr. Sanjay Shinde for Petitioners.
Ms. Nisha Mehra, AGP for Respondent Nos.1 & 2.
Mr. A. R. Shaikh for Respondent No.4.
WITH
WRIT PETITION NO. 2197 OF 2006
Shriram Education Society .. Petitioner
Vs.
The State of Maharashtra & Anr. .. Respondents
Mr. A. R. Shaikh for Petitioner.
Ms. Nisha Mehra, AGP for Respondent No.1.
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WITH
WRIT PETITION NO. 2564 OF 2006
Nashik Shikshan Prasarak Mandal &. Anr. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
None for the Petitioners.
Ms. Nisha Mehra, AGP for Respondent Nos.1 and 2.
WITH
WRIT PETITION NO. 6328 OF 2008
Anand Baburao Shinde & Ors. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. P. T. Waghmare I/by Mr. S. S. Pakale for Petitioners.
Mr. M. M. Pabale, AGP for Respondent Nos.1 and 16.
WITH
WRIT PETITION NO. 506 OF 2011
Sharayu Pradeep Mahajan .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Vinayak Kumbhar I/by Mr. N. V. Bandiwadekar for Petitioner.
Mr. K. S. Thorat, AGP for Respondent - State.
WITH
WRIT PETITION NO. 507 OF 2011
Chitra Nitin Pendharkar .. Petitioner
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Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Vinayak Kumbhar I/by Mr. N. V. Bandiwadekar for Petitioner.
Mr. K. S. Thorat, AGP for Respondent - State.
WITH
WRIT PETITION NO. 681 OF 2011
Patil Vaishali Vishnu .. Petitioner
Vs.
Maharashtra Arogya Mandal & Ors. .. Respondents
Ms. Kumud Bhatia for Petitioner.
Mr. S. R. Nargolkar for Respondent Nos.1 and 2.
Mr. M. M. Pabale, AGP for Respondent Nos.4 and 5.
WITH
WRIT PETITION NO. 1036 OF 2011
Asha Janardhan Jadhav .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
None for Petitioner.
Ms. Nisha Mehra, AGP for Respondent Nos.1 to 4.
WITH
WRIT PETITION NO. 4935 OF 2011
Pushpavati Balasaheb Shirsat .. Petitioner
Vs.
Niphad Taluka Education Society
& Ors. .. Respondents
Ms. Sonal Rajput I/by Mr. Anilkumar Patil for Petitioner.
Mr. M. M. Pabale, AGP for Respondent Nos.3 to 6.
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WITH
WRIT PETITION NO. 4937 OF 2011
Kiran Sukdeo Jadhav .. Petitioner
Vs.
Niphad Taluka Education Society
& Ors. .. Respondents
Ms. Sonal Rajput I/by Mr. Anilkumar Patil for Petitioner.
Mr. M. M. Pabale, AGP for Respondent Nos.3 to 6.
WITH
WRIT PETITION NO. 6423 OF 2011
Deepak Ashoksingh Pardeshi .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Ms. Sonal Rajput I/by Anilkumar Patil for Petitioner.
Ms. Nisha Mehra, AGP for Respondent Nos.1 to 3.
WITH
WRIT PETITION NO. 13234 OF 2017
Bhimrao Gorakh Navgire .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
None for the Petitioner.
Mr. M. M. Pabale, AGP for Respondent Nos.1 and 2.
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WITH
WRIT PETITION NO. 13233 OF 2017
Shivaji Arjun Karande .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
None for the Petitioner.
Mr. M. M. Pabale, AGP for Respondent Nos.1 and 2.
WITH
WRIT PETITION NO. 9926 OF 2018
Ujwala Ramkrushna Pawar & Ors. .. Petitioners
Vs.
The State of Maharashtra & Anr. .. Respondents
None for the Petitioners.
Ms. Nisha Mehra, AGP for Respondent Nos.1 to 4.
Mr. S. B. Deore I/by S. J. Pawar for Respondent No.8.
Mr. Sandeep Phatak for Respondent No.9.
CORAM: PRADEEP NANDRAJOG, CJ. &
SMT. BHARATI DANGRE, J.
AUGUST 28, 2019.
P.C.
1. We had deferred hearing in a batch of Writ Petitions on 24.07.2019. The said order reads as under :-
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2. Issue raised in above captioned Writ Petitions can thus be referred to the Committee constituted by the Government Resolution dated 20 July 2019.
3. The Department of Education in co-
ordination with the office of the Government Pleader, High Court, Mumbai will ensure that copies of the Petitions which are available in the record of the Government Pleader's office or photo- copies thereof are remitted to the Committee. If the copies are not traceable in the office of the Government Pleader, then upon request, the Registry will supply a copy to the office of the Government Pleader. The Department of Education will also co-ordinate with the office of the Government Pleader in informing the Court the outcome of the proceedings before the Committee.
4. Thus, the captioned Petitions are adjourned by six months."
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2. The said order was passed on an apparent wrong translation of the Government Resolution dated 20.07.2019. The translated copy handed over to us revealed in paragraph 3 that complaints of the teachers and non teaching employees of private aided/non-aided schools were covered by the said GR. But we find that the GR covers employees of private fully aided and partially aided schools and not non-aided schools.
3. However, keeping in view the ethos of the GR, it is apparent that the intent was to make available a forum for all employees working in schools and covered by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
4. Accordingly by the order dated 30 July 2019 passed in Writ Petition No. 2739 of 2008 we had directed the Government of Maharashtra to issue a corrigendum to the Government Resolution dated 20.07.2019. The corrected corrigendum would rectify what apparently was a typographic omission in the said GR.
5. In said order we had issued one more clarification. The 3rd Officer constituting the Committee referred to in the GR dated ::: Uploaded on - 29/08/2019 ::: Downloaded on - 30/08/2019 00:06:26 ::: 8/8 1-wp-4909-08 group.doc 20.07.2019 is the concerned Education Officer, but pertaining to the schools in Mumbai would be the Education Inspector.
6. In harmony with the order dated 24.07.2019, we defer hearing in the above captioned Writ Petitions by six months requiring the Committee constituted to consider the grievance urged in the writ petitions and pass formal orders.
SMT. BHARATI DANGRE, J. CHIEF JUSTICE
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