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Bombay High Court

DEEPA PRAVIN PATIL @ DEEPAK KESHAV ANGRAYversusDR. KAILASH BABURAV SHINDE (AYUKT MUNICILPAL COMMISSIONER ) AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the Committee’s recommendation for relaxation under Rule 6 of the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 is accepted and will be effected by a Government Resolution.

Summary

The petitioner, Deepa Pravin Patil, filed a writ petition seeking relief under the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005. The matter was previously considered by the Court in orders dated 6, 18, and 31 August 2026. The State Government’s Attorney General informed the Court that a Committee headed by the Chief Secretary recommended granting the petitioner a relaxation under Rule 6 of the said Rules. The Court noted that the Committee’s recommendation would be formalised through a Government Resolution within two weeks. Accordingly, the Court held that further adjudication was unnecessary and disposed of the petition without costs.

Issues considered

  • Whether the petitioner is entitled to relaxation under Rule 6 of the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005
  • Whether the Court should intervene after the administrative Committee’s recommendation

Subjects

  • administrative law
  • service rules relaxation
  • small family declaration
  • writ petition
  • government resolution
  • Maharashtra Civil Services Rules

Judgment

                                                               3-WP-2403-2026.DOC



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 2403 OF 2026
Deepa Pravin Patil @ Deepak Keshav Angray                    ...Petitioner
      Versus
DR. KAILASH BABURAV SHINDE & Ors.
      ...Respondents
                                    _______
Mr. Amol B. Patil i/b Vaishnavi Pimprikar for Petitioner.
Mr. Tejesh Dande a/w Bharat Gadhvi & Tanishka Chavan for Respondent Nos. 1,
2 & 4 (NMMC).
Mrs. P. M. J. Deshpande, AGP for Respondent-State.
Mr. Ashok Koli, Superintendent, NMMC, present.
                                     _______

                           CORAM:          G. S. KULKARNI &
                                           DR. NEELA GOKHALE, JJ.
                           DATE:           09th SEPTEMBER 2026

P.C.

1.     The proceedings are listed in the backdrop of the earlier detailed orders

passed by us, more particularly, the Orders dated 6 th August 2026, 18th August

2026 and 31st August 2026.

2.     We are today informed by the learned AGP that the Committee headed by

the Chief Secretary has considered the Petitioner’s case, and having regard to the

peculiar facts of the case, the Committee has recommended relaxation exercising

powers under Rule 6 of the Maharashtra Civil Services (Declaration of Small

Family) Rules, 2005. In pursuance to such decision of the Committee, a

communication to that effect has also been addressed to the Commissioner of the

Respondent-NMMC, vide communication dated 7 th September 2026. A copy of

the said communication is placed on record.


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Ajit
                                                                                    3-WP-2403-2026.DOC



                  3.     We are also informed by the learned AGP that further steps will now be

                  taken to officially notify the said decision by issuance of a Government Resolution.

                  Let the further appropriate steps be taken within a period of two weeks from today.

                  4.     In this view of the matter, a fair stand being taken on behalf of the State

                  Government, further adjudication of this petition is not called for. It is accordingly

                  disposed of.

                  5.     We appreciate the stand taken by the Committee headed by the Chief

                  Secretary.

                  6.     Disposed of. No costs.

                  7.     Let a copy of this order be forwarded to the concerned authorities.




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




          Digitally
          signed by
          AJIT
AJIT      RAMESH
RAMESH    PATHRIKAR
PATHRIKAR Date:
          2026.09.11
          18:52:48
          +0530




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