Bombay High Court
SACHIN DEVRAO RAUT AND ORSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the petition may be withdrawn with liberty as prayed for, and the matter is disposed of.
Summary
The petitioners, a group of assistant teachers employed by Zilla Parishad, Palghar, filed a writ petition under Article 226 seeking regularisation as permanent teachers, quashing of a recruitment advertisement dated 06.08.2026, and interim injunctions restraining the State and its agents from appointing others or terminating their services. They also sought a mandamus directing permanency after three years of probation. After hearing, the petitioners, through counsel Ms. Pradnya Talekar, applied to withdraw the petition while reserving the right to pursue any other appropriate remedy. The Court allowed the withdrawal with liberty as prayed for, expressly keeping all contentions of the parties open. Consequently, the petition was disposed of without any order for costs. The judgment contains no discussion on the merits of the substantive reliefs sought.
Issues considered
- Whether a writ petition filed under Article 226 may be withdrawn by the petitioners with liberty to pursue other remedies
- Effect of withdrawal on the pending reliefs sought in the petition
Subjects
- Article 226
- Writ petition
- Withdrawal of petition
- Mandamus
- Certiorari
- Injunction
- Regularisation of teachers
- Zilla Parishad
Judgment
502-WP-11438-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11438 OF 2026
Sachin Devrao Raut & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
_______
Ms. Pradnya Talekar, Madhavi Ayyappan, Aasmi Patil i/b Talekar and Associates
for Petitioners.
Mr. Aditya R. Deolekar, AGP for Respondent-State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 09th SEPTEMBER 2026
P.C.
1. This petition under Article 226 of the Constitution of India is filed seeking
the following reliefs:
“A. To direct the respondents to treat the petitioners as shikshan
sevaks appointed on regular basis and confer permanency on completion of
three years of probation, by issuing writ of mandamus or any other
appropriate writ, order or direction, as the case may be;
B. To quash the advertisement dated 06.08.2026 to the extent of
posts held by the petitioners in the schools run by Zilla Parishad, Palghar,
by issuing a writ of certiorari or any other appropriate writ, order or
direction, as the case may be;
C. To grant interim injunction restraining the respondents, their
agents, servants and subordinates from making appointments pursuant to
the impugned advertisement dated 06.08.2026 published by the Zilla
Parishad, Palghar on Pavitra Portal to the extent of the posts held by the
petitioners, pending hearing and final disposal of the writ petition;
D. To grant interim injunction restraining the respondents, their
agents, subordinate and servants from discontinuing the services of the
petitioners from the posts of Assistant Teachers held by them or appointing
some other candidates in their place, pending hearing and final disposal of
the writ petition;
E. To grant ad-interim reliefs in terms of earlier prayers;
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502-WP-11438-2026.DOC
F. To grant any other reliefs to which the petitioners are entitled to.”
2. After the petition was heard for some time, Ms. Pradnya Talekar, learned
counsel for the Petitioner, seeks leave to withdraw the petition with liberty to the
Petitioners to take recourse of an appropriate remedy.
3. Allowed to be withdrawn with liberty as prayed for.
4. All contentions of the parties are expressly kept open.
5. Disposed of. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
Digitally
signed by
AJIT
AJIT RAMESH
RAMESH PATHRIKAR
PATHRIKAR Date:
2026.09.11
10:42:38
+0530
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