Partly allowed

Baramati Taluka Prathamik Shikshan Sangh and Ors. v. the Govt. of Maharahstra , through Addl. Govt. Pleader and Ors.

Bombay HC4 Aug 2017WP/4066/2025

Case brief

AI extract

What is this about?

The High Court of Bombay modified a status quo order that had stalled the implementation of transfer orders for teachers. The bench permitted petitioners to submit option forms for posting in nearby functional schools.

What did the court decide?

Modified the status quo order and granted liberty to petitioners to submit option forms for posting in nearby schools within ten days.

Baramati Taluka Prathamik Shikshan Sangh and Ors. vs… — Education and Admissions | Bombay HC (2017)

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suresh

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907-909-WPSTG-14246.2017.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION [STAMP] NO.14246 OF 2017

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Jadhav Rajendra Mahadev & Others .... Petitioners Vs. State of Maharashtra & Others .... Respondents

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WITH

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WRIT PETITION [STAMP] NO.12787 OF 2017

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Smt. Khandave Mangal Anil & Others .... Petitioners Vs. State of Maharashtra & Others .... Respondents

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WITH

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WRIT PETITION [STAMP] NO.12789 OF 2017

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Katke Suresh Kisan & Others .... Petitioners Vs. State of Maharashtra & Others .... Respondents

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WITH

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WRIT PETITION [STAMP] NO.12791 OF 2017

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Pawar Dattatray Tukaram & Others .... Petitioners Vs. State of Maharashtra & Others .... Respondents

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Page 1 of 6

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suresh

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907-909-WPSTG-14246.2017.doc

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WITH

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WRIT PETITION [STAMP] NO.14247 OF 2017

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Zambare Pravin Suresh & Others .... Petitioners Vs. State of Maharashtra & Others .... Respondents

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WITH

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WRIT PETITION [STAMP] NO.22564 OF 2017

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Vasant Daga Borse & Others .... Petitioners Vs.

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The Government of Maharashtra & Others

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.... Respondents

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Mr. S.S. Pakale with Ms Manisha Devkar i/by Mr. Shankar Maruti Katkar for the Petitioners. Mr. B.V. Samant, AGP, for the RespondentState. Mr. Nitin P. Deshpande for Respondent No.3 and for Respondent No.5 in WPST22564/2017. Mr. Yuvraj D. Patil with Mr. Vishwanath Patil for Respondent Nos.6 & 7.

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AND

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WRIT PETITION [STAMP] NO.17854 OF 2017

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Subhash Hira Bhopi & Others .... Petitioners Vs. The Government of Maharashtra & Others .... Respondents

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Mr. S.S. Pakale with Ms Manisha Devkar i/by Mr. Shankar Maruti Katkar for the Petitioners.

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suresh 907-909-WPSTG-14246.2017.doc

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Ms Neha Bhide with Mr. P.P. More, AGPs, for Respondent Nos.1 to 4. Mr. Chidambar G. Gavnekar with Mr. G.S. Hiranandani & Mr. Suhas Deokar for Respondent Nos.5, 6 & 7. Mr. Milind S. Prabhune h/f Mr. Sarang S. Aradhye for Respondent Nos.8 & 9.

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AND

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WRIT PETITION [STAMP] NO.24373 OF 2017

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Swabhiman Shikshak Sanghatana & Others .... Petitioners Vs. The Government of Maharashtra & Others .... Respondents

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WITH

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WRIT PETITION [STAMP] NO.21363 OF 2017

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Baramati Taluka Prathamik Shikshak Sangh & Others .... Petitioners Vs. The Government of Maharashtra & Others .... Respondents

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WITH

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WRIT PETITION [STAMP] NO.24588 OF 2017

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Sanjay Laxman Gaikwad & Others Vs.

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Sanjay Laxman Gaikwad & Others .... Petitioners Vs. The Government of Maharashtra & Others .... Respondents

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Mr. S.S. Pakale with Ms Manisha Devkar i/by Mr. Shankar Maruti Katkar for the Petitioners. Ms Neha Bhide with Mr. P.P. More, AGPs, for the

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Page 3 of 6

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suresh

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907-909-WPSTG-14246.2017.doc

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RespondentState.

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Mr. Shankar P. Thorat for Respondent Nos.5 & 6. Mr. K.K. Kathait h/f Mr. B.D. Joshi for Respondent Nos.8 & 9 in WPST24588/2017. Mr. Omkar Amberkar & Mr. Swapnil S. Mohite i/by Mr. S.R. Nargolkar for Respondent Nos.8 & 9 in WPST21363/2017. Mr. Nitin P. Deshpande for Respondent No.5 in WPST21363/2017.

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CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

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DATE : OCTOBER 13, 2017

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P.C:

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Leave to amend. Mr. Pakale, appearing for the

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petitioners, states that the amendment will be carried out by 3112017 but the petitions be taken up after 10112017, for admission.

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Though the application for adjournment is not opposed by the contesting respondents, their request is that the order passed on 1652017 by a Vacation Bench brings everything to a standstill. That order directs the respondents to maintain status quo as it existed on 1652017 in respect of

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suresh 907-909-WPSTG-14246.2017.doc

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positing of the petitioners. As that order has been continuing, the orders of posting and transfer could not be implemented.

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Having heard both sides on this limited point, we are of the opinion that there is merit in the contention of the respondents. Such a blanket order and directing maintenance of status quo indeed results in a standstill. Hence, we modify it with an opportunity being granted to the petitioners to even now forward their options for being posted in the nearby schools. Mr. Pakale submits that there are about 7072 functional Zilla Parishad Primary Schools and which are under the Zilla Parishad, Pune. The petitioners may be posted in any of them.

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Since we are vacating the order of status quo, we grant this liberty to the petitioners to forward their option form/letters and if they are so forwarded within ten days from today, the respondents and rather the Chief Executive Officer of the Zilla Parishad, Pune as also the Education Officer (Primary) of that Zilla Parishad to sympathetically consider these options

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907-909-WPSTG-14246.2017.doc

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suresh

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and post the petitioners without causing any inconvenience to others and without disrupting the policy, in the nearby schools.

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Stand over to 13112017 .

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(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)

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Baramati Taluka Prathamik Shikshan Sangh and Ors. v. the Govt. of Maharahstra , through Addl. Govt. Pleader and Ors.

Case brief

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Baramati Taluka Prathamik Shikshan Sangh and Ors. v. the Govt. of Maharahstra , through Addl. Govt. Pleader and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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