Bombay High Court

UJWALA UTTAMRAO PHULWAREversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of, with the petitioner directed to approach the school tribunal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

Summary

The petitioner, Ujwala Uttamrao Phulware, challenged her supersession in an appointment to a Scheduled Caste reserved vacancy in an aided school, alleging that the person appointed in her place was not made a party to the proceedings. The High Court observed that the petitioner has an alternate and efficacious remedy under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which provides for a school tribunal to adjudicate such disputes. Consequently, the Court declined to entertain the writ petition further. It granted the petitioner liberty to approach the school tribunal for relief. The petition was therefore disposed of without any substantive order on the merits.

Issues considered

What is the appropriate forum for redress of a grievance arising from supersession in appointment to a Scheduled Caste reserved vacancy in an aided school?
Does the existence of an alternative remedy under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 preclude the Court's jurisdiction to entertain the writ petition?

Legislation cited

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 — s. 9

Subjects

reservation
Scheduled Caste
supersession
school tribunal
alternative remedy
writ petition
appointment
Maharashtra

Judgment

2026:BHC-AUG:36574-DB


                                                   {1}                  77-wp-10034-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     77 WRIT PETITION NO. 10034 OF 2026

                                     Ujwala Uttamrao Phulware
                                              VERSUS
               The State Of Maharashtra Through Its Principal Secretary And Others
                                                  ...
              Mr. R.M. Jade, Advocate for the Petitioner
              Mr. A.B. Girase, Govt. Pleader for the State
                                                .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                             DATE : 17th AUGUST, 2026
              PER COURT :

              1.       The grievance of the Petitioner is that she is superseded while

              granting appointment against aided Scheduled Caste reserved vacancy.

              2.       The person who is appointed by superseding the Petitioner is not

              made party respondent. Even otherwise, the petitioner has alternate

              efficacious remedy of approaching the school tribunal under section 9

              of the Maharashtra Employees Of Private Schools (Conditions Of

              Service) Regulation Act, 1977.

              3.       The Writ Petition is therefore disposed of by granting liberty to

              the Petitioner to approach the School Tribunal.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)
              Bhagyawant Punde

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