Dismissed

Hemant S/O Ramavatar Sharma v. State of Maha., Thr. Secretary, Dept. of Education, Mumbai and Ors.

Bombay HC30 Jan 2026MCA/574/2025

Case brief

AI extract

What is this about?

Review application seeking correction of the court's earlier judgment in Writ Petition No. 1645/2024. The court found that the reference to the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977 in para 9 was a record of the petitioner's own submissions and not an error by the court; no error apparent on the face of the record existed. Review dismissed, but the order was clarified by adding a reference to Rule 4(2)(C)(3) of the Maharashtra Civil Services (Regulation of Seniority) Rules 1982.

What did the court decide?

Review application dismissed; clarification added to para 11 of the order dated 24/06/2025 referring to Rule 4(2)(C)(3) of the Maharashtra Civil Services (Regulation of Seniority) Rules 1982.

Hemant S/O Ramavatar Sharma vs State of Maha., Thr… — Service and Employment | Bombay HC (2026)

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1 MCA No.574.2025

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2026:BHC-NAG:1957-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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MISC. CIVIL APPLICATION NO. 574 OF 2025 IN

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WRIT PETITION NO. 1645 OF 2024 (D)

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Hemant S/o Ramavatar Sharma

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..VS..

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The State of Maharashtra through its Secretary, Department of Higher Education, Mantralaya, Mumbai-32 and others

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-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. N. R. Saboo, Advocate for the Applicant/Petitioner. Mrs. H. S. Dhande, Assistant Government Pleader for the Respondent Nos.1, 2 and 6.

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Mr. B. G. Kulkarni, Advocate for the Respondent No.3 and 4. Mr. P. S. Tiwari, Advocate for the Respondent No.5.

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CORAM : MRS. M. S. JAWALKAR AND

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PRAVIN S. PATIL, JJ.

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DATE ON RESERVING THE ORDER : 30/01/2026 DATE ON PRONOUNCING THE ORDER : 05/02/2026

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O RDER : (Per – M. S. JAWALKAR, J.)

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Heard learned Counsel for the applicant/petitioner and learned Counsel for the respondents.

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By this application, the petitioner seeking review of the Judgment and order dated 24/06/2025, passed by this Court in Writ Petition No. 1645/2024 (wrongly written as Writ Petition No.1645/2018).

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It is the contention of the petitioner that in the order under review, it is wrongly mentioned in para 9 as

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2 MCA No.574.2025

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“respondent No.4 – School is governed by the provisions of the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977”, however, in the para 9 of the order, submission of the parties are recorded.

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On perusal of the writ petition, the petitioner himself relied on the provisions of the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977, as reflecting in para 14 and Grounds (iii) and (x) of the petition, therefore, what is recorded in para 9 is the submission of the petitioner. In fact the Judgment and order passed by respondent No.2 – Joint Director of Higher Education is upheld. In the said order, itself there is a reference of Rule 4 (2) (C) (3) of the Maharashtra Civil Services (Regulation of Seniority) Rules 1982. There is no error on the part of this Court but it is the mistake of the petitioner referring to and relying on the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977 and the Maharashtra Civil Services (Regulation of Seniority) Rules 1982.

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As such, there is no error apparent on the face of record and hence the review is liable to be dismissed. However, we clarify the order by adding provisions after the words, respondent No.5 is senior than the petitioner “in view of Rule 4 (2) (C) (3) of the Maharashtra Civil Services (Regulation of Seniority) Rules 1982” .

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3 MCA No.574.2025

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Thus, the review application stands dismissed . However, the modification clarifying the provisions be inserted in para 11 of the order dated 24/06/2025 as observed above and corrected order be uploaded.

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(PRAVIN S. PATIL, J.) ( M.S. JAWALKAR, J.)

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Kirtak

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Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 06/02/2026 10:24:55

Hemant S/O Ramavatar Sharma v. State of Maha., Thr. Secretary, Dept. of Education, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Hemant S/O Ramavatar Sharma v. State of Maha., Thr. Secretary, Dept. of Education, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

Case details

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