JAHIDA MOHD. SHAIKH @ NASIM HUSSAIN KHAN AND ORS vs THE STATE OF MAHARASHTRA, THROUGH SECRETARY, SCHOOL EDUCATION DEPT AND ORS — WP/1855/2013

Case under The Persons with Disablities (Equal Opportiunities, Proctection of Rights and Full Participation) Ac. Disposed: Contested--Disposed Off on 05th May 2026.

CNR: HCBM010031942013

CASE DISPOSED

Next Hearing

08th March 2013

Filing Number

WP/2242/2013

Filing Date

21-01-2013

Registration No

WP/1855/2013

Registration Date

25-02-2013

Judge

HON'BLE SHRI JUSTICE M. S. KARNIK , HON'BLE SHRI JUSTICE S. M. MODAK

Coram

HON'BLE SHRI JUSTICE M. S. KARNIK , HON'BLE SHRI JUSTICE S. M. MODAK

Bench Type

Division

Category

MAT ( 35 )

Sub-Category

RECRUITMENT DISABLE PERSON ( 15 )

Judicial Branch

Civil

Decision Date

05th May 2026

Nature of Disposal

Contested--Disposed Off

Acts & Sections

The Persons with Disablities (Equal Opportiunities, Proctection of Rights and Full Participation) Ac
Service Matter

Petitioner(s)

JAHIDA MOHD. SHAIKH @ NASIM HUSSAIN KHAN AND ORS

Adv. Rekha Musale

NARAYAN S/O GYANBA CHINCHWADE

Adv. Rekha Musale

RUKHMINI D/O MOHAN JADHAV

Adv. Rekha Musale

Respondent(s)

THE STATE OF MAHARASHTRA, THROUGH SECRETARY, SCHOOL EDUCATION DEPT AND ORS

Adv. R.NO. 1 & 2,R.NO. 5,SANJEEV J RAIRKAR 1123

THE DIRECTOR OF EDUCATION (PRIMARY) MAHARASHTRA STATE,

TH CO-ORDINATOR INTEGRATED EDUCATION SCHOOL OFFICE OF DIRECTOR OF EDUCATION MAHARASHTRA STATE

THE UNION OF INDIA THROUGH THE MINISTRY OF EDUCATION AND HUMAN RESOURCES DEPT

THE EDUCATION ADMINISTRATOR/SHIKSHAN PRAMUKH,EDUCATION BOARD,PUNE MUNICIPAL CORPORATION,

THE HEAD MASTER PUJYA KASTURBA GANDHI PRIMARY SCHOOL CORPORATTION SHCOOL NO.3,

THE CHIEF EXECUTIVE OFFICER

THE REHABILITATION COUNCIL OF INDIA BHARAT SCOUTS AND GUIDES BUILDING THROUGH ITS CHAIRMAN

Hearing History

Judge: HON'BLE SHRI JUSTICE M. S. KARNIK , HON'BLE SHRI JUSTICE S. M. MODAK

08-03-2013

FOR MENTIONING AT 11-00 AM CIVIL SIDE MATTERS

05-05-2026

FOR ADMISSION

30-04-2026

FOR ADMISSION

20-03-2025

FOR FINAL HEARING

06-02-2025

FOR FINAL HEARING

Orders

12-12-2013

HON'BLE THE CHIEF JUSTICE,HON'BLE SHRI JUSTICE ANOOP V. MOHTA

04-04-2017
05-05-2026
HON'BLE SHRI JUSTICE M. S. KARNIK,HON'BLE SHRI JUSTICE S. M. MODAK

The Bombay High Court allowed the writ petition, holding that special education teachers with diplomas in special education (recognized by Rehabilitation Council of India) cannot be treated as "untrained teachers" upon absorption into state schools. The court directed the state to grant them trained teacher status, recognize continuous service from initial appointment, provide seniority benefits, eligibility for old pension scheme, and release salary arrears within four weeks, finding the government's 2010 resolution arbitrary and violative of Article 14. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The Bombay High Court allowed the writ petition, holding that special education teachers with diplomas in special education (recognized by Rehabilitation Council of India) cannot be treated as "untrained teachers" upon absorption into state schools. The court directed the state to grant them trained teacher status, recognize continuous service from initial appointment, provide seniority benefits, eligibility for old pension scheme, and release salary arrears within four weeks, finding the government's 2010 resolution arbitrary and violative of Article 14. This case analysis is maintained by casestatus.in based on publicly available court records.

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