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
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
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
FOR MENTIONING AT 11-00 AM CIVIL SIDE MATTERS
FOR ADMISSION
FOR ADMISSION
FOR FINAL HEARING
FOR FINAL HEARING
| Date | Purpose |
|---|---|
| 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
HON'BLE THE CHIEF JUSTICE,HON'BLE SHRI JUSTICE ANOOP V. MOHTA
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.
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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