Bombay High Court
SANDIP RAMKISANRAO MUSNEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The writ petitions are disposed, and the rights of the parties shall be determined by the final outcome of the pending Supreme Court appeal (SLP No. 28560 of 2026).
Summary
The Bombay High Court, Aurangabad Bench, considered a large group of writ petitions (numbers 904‑931) that raised the issue of whether Medical Officers are entitled to engage in private practice and receive a Non‑Practising Allowance. The Court noted that the matter had already been decided in a common judgment dated 30‑07‑2026 in Writ Petition No. 1583 of 2015, which addressed the same entitlement. That earlier judgment is presently before the Supreme Court in Petition for Special Leave to Appeal (C) No. 28560 of 2026, and the Supreme Court has issued notice while continuing the interim protection granted by the High Court. Both the petitioners’ counsel and the respondents’ Additional Government Pleader jointly requested that the pending writ petitions be disposed of, with their rights to be determined by the final outcome of the Supreme Court appeal. Accordingly, the High Court ordered the writ petitions to stand disposed, directing that any interim relief continue until the Supreme Court decides the SLP. The order therefore suspends further adjudication in these petitions pending the higher‑court decision.
Issues considered
- Whether Medical Officers are entitled to undertake private practice while in government service
- Whether the Non‑Practising Allowance is payable to Medical Officers
- Effect of a pending Supreme Court appeal on the enforceability of the High Court’s earlier judgment
- Continuation of interim relief pending the Supreme Court’s decision
Subjects
- Medical Officers
- Private practice
- Non‑Practising Allowance
- Writ petition
- Supreme Court appeal
- Interim relief
- High Court disposition
Judgment
904-931
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 WRIT PETITION NO. 11704 OF 2014
MANISHA NARAYAN HANGE
VERSUS
THE SECRETARY AND OTHERS
WITH
WRIT PETITION NO. 11242 OF 2014
WITH
WRIT PETITION NO. 11644 OF 2014
WITH
WRIT PETITION NO. 11701 OF 2014
AND
905 WRIT PETITION NO. 1600 OF 2015
ANUPAMA BALAJI SHINDE
VERSUS
THE SECRETARY, PUBLIC HEALTH DEPARTMENT,
MUMBAI AND OTHERS
AND
906 WRIT PETITION NO. 10901 OF 2015
VAIJANATH PRABHAKAR RATHOD
VERSUS
THE SECRETARY AND OTHERS
AND
907 WRIT PETITION NO. 10904 OF 2015
RAJENDRA GOVINDRAO GADEKAR
VERSUS
THE SECRETARY AND OTHERS
AND
908 WRIT PETITION NO. 2328 OF 2016
SURYAKANT ARJUNRAO SABLE
VERSUS
STATE OF MAHARASHTRA AND OTHERS
AND
909 WRIT PETITION NO. 6510 OF 2016
VIJAY SUKLAL BAGUL AND OTHERS
VERSUS
DHULE MUNICIPAL CORPORATION DHULE THROUGH ITS
COMMISSIONER
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904-931
AND
910 WRIT PETITION NO. 670 OF 2017
BHARATKUMAR CHANDRAKANT THADKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
911 WRIT PETITION NO. 983 OF 2017
DIGAMBER SOPANRAO MUNDE
VERSUS
THE STATE OF MAHARASHTR AND OTHERS
AND
912 WRIT PETITION NO. 15134 OF 2017
RINA SHRIPRAKASH JAISWAL AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
913 WRIT PETITION NO. 4330 OF 2018
SUYOG MANOHAR JUJGAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
914 WRIT PETITION NO. 11360 OF 2019
DR. VIKAS RAMESH BARATE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
AND
915 WRIT PETITION NO. 14834 OF 2019
ANAND ARUNCHANDRA MENE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
916 WRIT PETITION NO. 2098 OF 2021
SANJAY GOVINDRAO LATPATE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
917 WRIT PETITION NO. 2528 OF 2021
SUJEET DADASAHEB NAIKAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
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904-931
AND
918 WRIT PETITION NO. 2611 OF 2021
SUNIL NARAYANRAO GUDEWAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
919 WRIT PETITION NO. 2620 OF 2021
RAJESH ANNARAO SONAWANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
920 WRIT PETITION NO. 2658 OF 2021
PRANITA RAMESHRAO GADEKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
921 WRIT PETITION NO. 4334 OF 2021
DR SHANKAR DHANSINGH CHAVAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
922 WRIT PETITION NO. 4839 OF 2021
SHIVKUMAR LAXMIKANT HAJARE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
923 WRIT PETITION NO. 5104 OF 2021
GOPAL RAMRAO SHINDE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
AND
924 WRIT PETITION NO. 6795 OF 2021
GAJANAN JANARDHAN SHIRALE AND ANOTHER
VERSUS
THE STAET OF MAHARASHTRA AND OTHERS
AND
925 WRIT PETITION NO. 9307 OF 2021
SANDIP RAMKISANRAO MUSNE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
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904-931
AND
926 WRIT PETITION NO. 9754 OF 2021
ABRAR ALI KHAN M UMAR KHAN PATHAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
AND
927 WRIT PETITION NO. 11888 OF 2021
RAJKUMAR GOVINDRAO BODAKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
928 WRIT PETITION NO. 13392 OF 2021
ROHAN GOPAL DESHMUKH
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
AND
929 WRIT PETITION NO. 13656 OF 2021
SHILPA BHAGWANRAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
930 WRIT PETITION NO. 14253 OF 2021
SHANKAR BALASAHEB RAUT AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
931 WRIT PETITION NO. 129 OF 2020
BALAJI KESHAVRAO TELANG
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
• Mr. P.B Jadhav, Mr. Joslyn Menezes, Mr. V.B. Deshmukh, Mr. J.S.
Deshmukh, Mr. Arvind Deshmukh, Mr. M.K. Bhosale, Mr. M.R.
Kulkarni, Mr. B.N. Gadegaonkar, Mr. G.V. Patil, Mr. V.A. Bagdiya,
Mr. M.L. Muthal, Mr. S.R. Bagal, Mr. V.D. Gunale, V.B. Wagh
and Mr. M.P. Kale, Advocate for the Petitioners in the respective
Writ Petitions.
• Mr. K.N. Lokhande, Mr. S.R. Yadav – Lonikar, Mr. N.S. Tekale,
AGP for the Respondents - State.
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904-931
…
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. This Court, by a common judgment and order dated
30.07.2026 passed in Writ Petition No. 1583 of 2015 and connected
Writ Petitions, has already decided the issue involved in the present
petitions concerning the entitlement of Medical Officers to undertake
private practice and the payment of Non-Practising Allowance.
2. It is informed that the aforesaid common judgment and
order dated 30.07.2026 has been challenged before the Hon'ble
Supreme Court in Petition for Special Leave to Appeal (C) No. 28560
of 2026. It is further informed that the Hon'ble Supreme Court has
issued notice and continued the interim protection granted by this
Court.
3. Learned Advocate for the petitioners and learned AGP
jointly submit that the present Writ Petitions may be disposed of with
a direction that the rights of the parties herein shall abide by the final
outcome of Petition for Special Leave to Appeal (C) No. 28560 of
2026 pending before the Hon'ble Supreme Court.
4. In view of the above, the Writ Petitions stand disposed of.
The rights and contentions of the parties in these petitions shall abide
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904-931
by the final outcome of Petition for Special Leave to Appeal (C) No.
28560 of 2026.
5. Interim relief, if any, operating in these Writ Petitions shall
continue till the disposal of Petition for Special Leave to Appeal (C)
No. 28560 of 2026, subject to any further orders passed by the
Hon'ble Supreme Court.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
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