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Bombay High Court

ANURADHA BAPUSAHEB JATHARversusEDUCATION OFFICER (SECONDARY) ZILLA PARISHAD AND ORS

Decided
Disposal
Disposed Off

Holding

The circular has been withdrawn by a subsequent Government Resolution, rendering the petitions moot and leading to their dismissal.

Summary

Two writ petitions under Article 226 challenged a Government circular dated 28 May 2025 issued by the Education Officer (Secondary), Zilla Parishad. The petitioners argued that the circular was unlawful and sought relief. The Court noted that a Government Resolution dated 11 August 2026 had withdrawn the circular. Consequently, the Court held that further adjudication of the petitions was unnecessary. The Court directed that any pending proposal related to the circular be decided within four weeks and kept all parties' contentions open. The petitions were disposed of without costs.

Issues considered

  • Whether the circular dated 28 May 2025 issued by the Education Officer is legally valid and enforceable.
  • Whether relief can be granted under Article 226 when the impugned circular has been withdrawn.

Subjects

  • Article 226
  • writ petition
  • circular withdrawal
  • administrative law
  • education
  • government resolution

Judgment

         Digitally
         signed by
         PRASHANT
                                                                                          401WP10708-26.DOC
PRASHANT VILAS
VILAS    RANE
RANE     Date:
         2026.08.24
         14:29:58
         +0530


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO. 10708 OF 2026

                      Anuradha Bapusaheb Jathar.                               ...Petitioner
                             Versus
                      Education Officer (Secondary) Zilla Parishad & Ors.      ...Respondents
                                                                with
                                            WRIT PETITION (st)NO. 21935 OF 2026
                                                 (Not on Board Taken on Board)
                      Sakshi Sanjay Deshmukh.                                  ...Petitioner
                             Versus
                      Education Officer (Secondary) Zilla Parishad & Ors.      ...Respondents
                                                             _________
                      Mr. Sugandh Deshmukh with Aniket Kanawade, Mr. Bhushan Deshmukh, Mr. Vaibhav
                      Thorave, for Petitioner.
                      Mr. A. R. Deolekar, AGP for the State.
                                                             _________
                                                           CORAM:       G. S. KULKARNI &
                                                                        Dr.NEELA GOKHALE, JJ.
                                                           DATE:        19 AUGUST 2026.
                      P.C.
                      1.     These petitions under Article 226 of the Constitution of India are

                      essentially challenging the Circular        dated    28 May 2025 issued by the

                      respondent-State. Mr. Deshmukh, learned Counsel for the petitioner has drawn

                      our attention to Government Resolution dated 11 August 2026 by which such

                      circular has been withdrawn.

                      2.     In this view of the matter, further adjudication of these matters is not

                      called for. It is made clear that in the event the proposal is pending, let the same

                      be decided within four week from today. All contentions of the parties in that

                      regard are expressly kept open.

                      3.     Disposed of. No costs.




                      (Dr.NEELA GOKHALE, J.)                              (G. S. KULKARNI, J.)


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                                                        19 August 2026


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