Bombay High Court
BHAUSAHEB ASARAM NANWARE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as infructuous.
Summary
The petitioners sought a writ directing the State of Maharashtra to implement a 2017 Government Resolution/Circular requiring schools to prepare a new seniority list of teachers and to halt promotions based on the old list. They also asked for cancellation of promotions made since 2014 on the basis of the incorrect list. The State's Attorney General argued that the petition was infructuous because seniority lists are prepared annually and revised each year, and that the passage of time and subsequent developments rendered the reliefs moot. The Court agreed, finding that the matters raised were no longer live and that the petition could not be entertained. Consequently, the petition was disposed of as infructuous.
Issues considered
- Whether the petition for implementation of the 2017 circular on seniority lists is maintainable.
- Whether the Court can direct the State to halt promotions based on the alleged incorrect seniority list.
- Whether the petition is infructuous due to the passage of time and subsequent developments.
Subjects
- seniority list
- teachers
- promotion
- government circular
- writ petition
- infructuous
Judgment
2026:BHC-AUG:13217-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
925 WRIT PETITION NO.13345 OF 2019
Bhausaheb Asaram Nanware and Others ..Petitioners
Versus
The State of Maharashtra and Others ..Respondents
…..
Shri. Amol Kokad h/f. Shri. Abhay G. Deshmukh, Advocate for the
Petitioners
Shri. M. K. Goyanka, AGP for the State.
…..
CORAM : N. B. SURYAWANSHI AND
VAISHALI PATIL – JADHAV, JJ.
Dated : MARCH 18, 2026
PER COURT :-
. By way of this Petition, the Petitioners are seeking the following
reliefs:
“A) To Direct the Respondent no.2 to 11, to forthwith
implement, the Provisions of G.R. / Circular dated 14-11-
2017, by directing the Management of all the schools, in
entire State of Maharashtra, to prepare the Seniority List of
Teachers, working in the school, as per the Guidelines, laid
down in Circular dated 14-11-2017, which is at Annexure No.
III.
B) To Direct the Respondent no.12 to 22-Schools, not
effect any promotion, on the basis of old incorrect Seniority
List, till they prepare the New Seniority List of Teachers,
working in the school, as per the Guidelines, laid down in
Circular dated 14-11-2017, which is at Anexure No. III.
C) To Direct the Respondent no.4 to 11- Education
Officers, to forthwith cancel the promotions of the Teachers,
to the Higher Post, in their respective district, which are made
during the year 2014 to till the date, on the basis of incorrect
seniority List.
2
D) By an Interim Order, to Direct the Respondent no.12 to
22- Schools, not effect any promotion, on the basis of old
incorrect Seniority List, till they prepare the New Seniority
List of Teachers, working in the school, as per the Guidelines,
laid down in Circular dated 14-11-2017, which is at Anexure
No. III.
E) Grant Ad-Interim Orders, in terms of Prayer Clause (D).”
2. Since the date of filing of the Petition, it was not circulated for
admission. Learned AGP states that the Petition is rendered infructuous
as the reliefs claimed in the Petition are in respect of implementation of
provisions of GR/Circular dated 14.11.2017 for the purpose of
preparation of Seniority List in accordance with the guidelines laid down
in the said GR /Circular. He further states that the seniority list is
prepared annually and is revised on yearly basis. Due to passage of time
& in view of the subsequent developments, nothing survives in the
Petition and the same is, therefore, disposed of as infructuous.
(VAISHALI PATIL-JADHAV, J.) (N. B. SURYAWANSHI, J.)
GGP
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