Bombay High Court

SUNIL RAMDAS MAHAJAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The earlier orders protect only the petitioners and do not bar the Zilla Parishad from proceeding with appointments, so the civil applications for impleadment are dismissed.

Summary

The applicants sought to be impleaded in writ petition No. 8964 of 2021 and to obtain appointment as Kendrapramukh in Zilla Parishad schools. They argued that earlier orders of the Court dated 17‑08‑2021 and 14‑08‑2026 prevented the Zilla Parishad from proceeding with such appointments. The Court clarified that the earlier orders were limited to protecting the petitioners from disturbance in their existing positions and did not restrain the Zilla Parishad from carrying out other appointments. Consequently, the Court held that the civil applications for impleadment could not be entertained. The Court disposed of the civil applications, indicating that any remaining grievance must be pursued through separate proceedings.

Issues considered

Whether the applicants can be impleaded in the pending writ petition
Whether the earlier interim orders restrain the Zilla Parishad from proceeding with appointments of Kendrapramukh
Scope and extent of the interim relief granted in the earlier orders

Subjects

impleadment
interim relief
Zilla Parishad
Kendrapramukh
appointment
civil application
high court
writ petition
disposal

Judgment

2026:BHC-AUG:44574-DB

                                                 1              CA / 11227 / 2026 +



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD


                              CIVIL APPLICATION NO. 11227 OF 2026
                                        IN WP/8964/2021

                               SUNIL RAMDAS MAHAJAN AND OTHERS
                                                VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS


                                             WITH
                              CIVIL APPLICATION NO. 11228 OF 2026
                                        IN WP/8964/2021

                        MAHARAHSTRA RAJYA PADVIDHAR PRATHAMIK SHIKSHAK
                             MAHASANGH THROUGH ITS PRESIDENT
                                                VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS


                                                     ...
                      Advocate for applicants : Mr. D.B. Shinde (CA/11227/2026)
                      Advocate for applicants : Mr. M.V. Thorat (CA/11228/2026)
                         AGP for the respondent – State : Mr. K.N. Lokhande
                      Advocate for respondent nos. 1 and 2 in WP : Mr. A.V. Hon
                 Advocate for respondent nos. 3 and 4 : Mr. V.V. Gujar (WP/8964/2021)
                                                   ...

                          CORAM              : KISHORE C. SANT AND
                                               JITENDRA JAIN, JJ.

                          DATE               : 28 SEPTEMBER 2026

              PER COURT :

                          The applicants are seeking their impleadment in writ

              petition no. 8964 of 2021.
                                   2              CA / 11227 / 2026 +


2.             It is their case that the applicants are also seeking

appointment as ‘Kendrapramukh’ i.e. Centre Head under the Zilla

Parishad schools. Because of the order passed by this Court dated

17.08.2021 and further orders passed by this Court dated 14.08.2026,

the Zilla Parishad is not proceeding further with the appointments of

Kendrapramukh as per the rules.


3.             Learned advocate for the Zilla Parishad informs that

because of the order passed by this Court on 14.08.2026, the Zilla

Parishad has stayed its hands.


4.             By order dated 17.08.2021, this Court had only directed

that the petitioners shall not be disturbed from their respective position

held by them. By order dated 14.08.2026, this Court noted that in spite

of earlier order, a communication was issued to the petitioners by way

of digital signature which has been signed on 05.08.2026 and received

by the petitioners on WhatsApp. By way of that communication, the

petitioners were sought to be reverted back to their original position. In

that view, this Court had only directed that interim relief granted earlier

to continue.


5.             Except that, this Court has not passed any restraining

order against the Zilla Parishad asking it not to proceed with any other

proceeding of appointment / promotion etc.
                                     3               CA / 11227 / 2026 +




6.           It is made clear that the earlier orders passed by this Court

in the writ petition are strictly in respect of the petitioners. It is open for

the Zilla Parishad to go on with the process except disturbing the

position of the petitioners.


7.           With this clarification, this Court finds that the Civil

Applications can be disposed of.


8.           If at all there is any grievance remaining, it is open for the

petitioners to file independent proceedings.


9.           Civil Applications are disposed of accordingly.




       [ JITENDRA JAIN ]                       [ KISHORE C. SANT ]
            JUDGE                                    JUDGE

arp/

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