D.T.Ed. vs. The State Of Maharashtra Thru Secretary

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Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 D.T.Ed., B.Ed.Students' Association of the State of Maharashtra ….. Petitioner VERSUS The State of Maharashtra & Ors. ….. Respondents Mr.S.A.Rajeshirke for the Petitioner. Mrs.P.J.Gavhane, A.G.P. for the State. CORAM: R. D. DHANUKA AND R.I.CHAGLA, JJ. DATE : 26th JULY, 2021 (THROUGH VIDEO CONFERENCE) P.C:- The grievance of the petitioner in this petition is that there are about 180 vacant posts for teachers to be filled up in the nigh school. The Government however is appointing the teachers on temporary basis in violation of the Government Resolution dated 17th May, 2017. Learned counsel for the petitioner undertakes to serve the respondents through the Office of the Government Pleader during the course of the day. Affidavit in reply, if any, shall be filed within three weeks from 28 - WP 3258 OF 2021.doc today with a copy to be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of the affidavit in reply with a copy to be served upon the respondents' advocates simultaneously. Place the matter on board on 20th August, 2021 . [R.I.CHAGLA, J.] [R. D. DHANUKA, J.]

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 WRIT PETITION NO. 3258 OF 2021 D.T.Ed, B.Ed. Students through President Shri Santosh A. Magar … Petitioners Versus The State of Maharashtra … Respondent ****** Mr. S. A. Rajeshirke for the Petitioners. Ms. Sushma S. Bhende, AGP for the State-Respondent. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ. DATE : 24th NOVEMBER, 2021. P.C. :- . The grievance of the petitioners' association is that though by Government Resolution dated 17th May, 2017, the State Government had withdrawn permission to Day School teachers to work in Night School and the validity of the said Government Resolution is upheld by the judgment of this Court in Writ Petition No. 5989 of 2017 and Writ Petition (L) No. 1541 of 2017, which judgment was upheld by the Hon'ble Supreme Court on 17th April, 2018, the State Government is still continuing to appoint teachers in the Night School on temporary basis thereby affecting the studies of large number of students. It is the case of the petitioners that teachers shall be appointed on permanent basis in the Night School. Ms. Bhende, learned AGP seeks time to take instruction and to file affidavit within four weeks from today. As and by way of last indulgence, respondents are granted four weeks' time to file affidavitin-reply with a copy to be served upon the petitioners' advocate simultaneously. Rejoinder, if any shall be filed within one week thereafter with a copy to be served upon the respondents' advocate simultaneously. In the meanwhile, in view of the serious allegations made by the petitioners that contrary to the Government Resolution dated 17th May, 2017, the Night Schools are appointing the teachers and staff on temporary basis, the Director of Education shall look into these allegations seriously and to assess the situation in the Night Schools and shall indicate in the affidavit about the correctness of the allegations made by the petitioners in this petition. If it is found that the Night Schools are appointing the teachers and staff on temporary basis and not complying with the Government Resolution issued by the State Government, an appropriate action in that regard shall be taken before the next date. The action that would be taken by the State Government, shall also indicate in the affidavit-in-reply. Place the matter on board for admission on 5th January, 2022. If there are any other connected matters, parties are at liberty to furnish the list of such matters to the Sheristedar of this Court to include those matters also on board on the next date. If the said list is furnished within one week from today, those matters also shall be placed on board on the assigned date. [ABHAY AHUJA, J.] [R. D. DHANUKA, J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 D.T. Ed., B.Ed. Students' Association of the State of Maharashtra …..Petitioner Vs. The State of Maharashtra & Ors. …..Respondents. Mr. S.A. Rajeshirke for the Petitioner. Mrs. S.S. Bhende, AGP for the Respondent-State. CORAM : NITIN JAMDAR AND AMIT B. BORKAR, JJ. DATE : 5 JANUARY 2022. (THROUGH- VIDEO CONFERENCING) P.C.:- The learned counsel for the Petitioner states that, the Petitioner is seeking implementation of the Government Resolution dated 17 May 2017 more particularly clauses 4(1) and 4(2) thereof. He states that, certain teachers are working as full time and day time teachers, as well as, in the night schools thereby, reducing the chances of unemployed teachers to be appointed. He states that, subsequently permanent appointment of these teachers in the night schools has been cancelled but they are continuing on a temporary basis. The prayer is sought that, these teachers who are working in the night schools on temporary basis, should be removed and the teachers on permanent basis should be appointed (not on double post). As an interim relief, it is also sought that their salary be stopped. The first relief sought for is directly affected these persons. 2 The learned counsel for the Petitioner states that, as per his knowledge, there are around 180 such teachers/persons and will join them either through their organization and/or 10 to 12 of such teachers as a representatives in this Petition. Leave granted to the Petitioner to amend the Petition to join party Respondents as above. Amendment to be carried out within a period of one week from today. After the amendment is carried out, the Petitioner will give notice to the newly added Respondents and file affidavit of service. 3 As regards the oral argument made on malafides based on interference of a political person, we do not find any pleadings in the Petition nor such person is made party Respondent, therefore this argument cannot be considered. 4 Stand over to 27 January 2022. 5 In the meanwhile, the State will file its response as to why it is not implementing its own Government Resolution dated 17 May 2017, which has been upheld upto the Hon'ble Supreme Court. The Affidavit shall be filed by the Secretary School Education Department, State of Maharashtra either by himself or vetted by him. (AMIT B. BORKAR, J.) (NITIN JAMDAR, J.)

Order - Status 13: Arun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3258 OF 2021 DT Ed, B Ed Students through President Santosh A Magar …Petitioner Versus The State of Maharashtra through Secretary, School Education and Sports Department …Respondent Mr SA Rajeshirke *, for the Petitioner.* Mr SB Kalel, AGP *, for the Respondent-State.* CORAM G.S. Patel & Neela Gokhale, JJ. DATED: 27th March 2023 PC:- 1. We are not inclined to interfere at the instance of this Petitioner. It claims to be an association of DT.Ed and B.Ed students. ARUN RAMCHNDRA SANKPAL Digitally signed by ARUN RAMCHNDRA SANKPAL Date: 2023.03.28 09:44:42 +0530 2. Prayer clause (c) of this Petition seeks inter alia a direction to the State Government to withhold the government salary grants in respect of teachers on a temporary basis and to direct "the management" to make payments of such salaries. 3. No management is joined. None of the teachers who would undoubtedly be affected by such an order are joined. 4. It is impossible to entertain such a Petition where persons who are directly affected are not even joined or given notice. Whatever may be the case regarding day schools or night schools, it is not possible to grant or consider relief in the absence of the joinder of persons directly affected. Given the ambit of the relief sought, it is not even possible to join individual persons. 5. The Petition is rejected. There will be no order as to costs. It is, however, open to an individual affected to file a petition in her or his own name, and the rejection of this Petition will not be read adversely to such a petitioner. (Neela Gokhale, J) (G. S. Patel, J)