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Bombay High Court

JAI HIND EDUCATION TRUST DHULE THROUGH ITS CHAIRMAN ARUN ZULALRAO SALUNKHE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition was disposed of as the surplus teachers had been repatriated, retired, or deceased, rendering the relief sought moot.

Summary

The petitioners, Jai Hind Education Trust, sought a writ directing the State not to force their second school to absorb eight surplus teachers as ordered by the Education Officer. The Education Officer had issued a directive on 10 November 2017 for the school to take in the eight teachers. During the pendency of the petition, five of those teachers were repatriated to their original schools, two retired, and one died. The petitioners argued that the purpose of their petition was thus fulfilled. The Court observed the changed circumstances and disposed of the petition, finding no further relief necessary.

Issues considered

  • Whether the court should issue a direction restraining the State from compelling the school to absorb the eight surplus teachers.

Subjects

  • Education
  • Surplus teachers
  • Writ petition
  • Direction
  • Petition disposed

Judgment

2026:BHC-AUG:18679-DB




                                                    -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     41 WRIT PETITION NO. 15153 OF 2017

                   JAI HIND EDUCATION TRUST DHULE THROUGH ITS CHAIRMAN
                            ARUN ZULALRAO SALUNKHE AND ANOTHER
                                           VERSUS
                            THE STATE OF MAHARASHTRA AND OTHERS

              Mr.Shrikant S.Patil, Advocate for the petitioners.
              Mr.K.N.Lokhande and Mr.P.P.Dawalkar, AGPs’ for the respondent/State.

                                       ( CORAM : KISHORE C. SANT AND
                                                 SUSHIL M. GHODESWAR, JJ. )

                                          DATE : 23 APRIL, 2026


              PER COURT :


              1.              The petition was filed praying for directions not to absorb 8

              surplus teachers in petitioner No.2 school as per directions of the

              Education Officer.         The Education Officer, by communication dated

              10.11.2017 had directed the petitioner No.2 / school to absorb 8 more

              teachers. It is now informed that out of those 8 teachers, 5 have been

              already repatriated to their original school, 2 have retired and one

              expired during the pendency of the petition.        It is thus submitted that

              the purpose of this petition is served.




              khs/April 2026/15153
                                      -2-

2.              Copy of the certificate dated 24.03.2025 issued by the

Principal / Head Master of the petitioner/School is placed on record

and marked as Annexure ‘X’ for identification.



3.              In view of the above, petition stands disposed off.




     ( SUSHIL M. GHODESWAR, J.)                     ( KISHORE C. SANT, J.)




khs/April 2026/15153


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