Samyak Niwas Sewabhavi Sanstha Thr President v. Dr. Babasaheb Ambedkar Research And Training Institute Thr Its Director And ORS

Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 477 OF 2023 Seva Samajik Vikas Sanstha The State of Maharashtra & Anr.

WRIT PETITION NO. 478 OF 2023 Seva Samajik Vikas Sanstha The State of Maharashtra & Anr.

WRIT PETITION ST. NO. 1040 OF 2023 Anusuchit Jati Jamati Shikshan Sanstha The State of Maharashtra & Anr.

..Respondents WRIT PETITION NO. 1240 OF 2023 God Father Sevabhavi V Bahuuudhesiya Shikshan Sanstha Dr. Babasaheb Ambedkar Research and Training Institute & Ors.

WRIT PETITION NO. 2183 OF 2023 Samyak Niwas Sewabhavi Sanstha And Training Institute & Ors.

WRIT PETITION NO. 1420 OF 2023 Samyak Niwas Sewabhavi Sanstha And Training Institute & Ors.

WRIT PETITION NO. 4889 OF 2023 Sambodhi Academy Maharashtra (Parbhani) The State of Maharashtra & Ors.

WRIT PETITION NO. 4902 OF 2023 Nalanda Bahuddeshiya Sevabhavi Sanstha, Jalana The State of Maharashtra .. Respondent WRIT PETITION NO. 4905 OF 2023 Udaylaxmi Competitive Training Center State of Maharashtra & Ors.

WRIT PETITION NO. 4907 OF 2023 Dr. Babasaheb Ambedkar Bahuuddeshiya Sevabhavi Sanstha, Udgir State of Maharashtra & Ors.

WRIT PETITION NO. 7932 OF 2023 Samajik Vikas Sanstha State of Maharashtra & Anr.

.. Respondent

WRIT PETITION NO. 8356 OF 2023 Anusuchit Jati Jamati Shikshan Sanstha The State of Maharashtra .. Respondent WRIT PETITION NO. 3653 OF 2022 Swa. Mahadevrao Pandurangji Bhedurkar Bahuddeshiya Sanstha & Ors.

.. Petitioners And Training Institute & Anr.

Mr. Abhijit Desai i/by Desai Legal for the petitioners in WP Nos.477/2023, 478/2023, WPST/1040/2023 and WP No.7932/2023.

Mr. B. K. Barve a/w Sandeep Barve, Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/4889/2023.

Dr. Uday Warunjikar a/w Mr. Sanjiv Sawant, Mr. B. K. Barve, Mr. Sandeep Barve, Ms. Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/4902/2023 and WP/4905/2023. Mr. B. K. Barve a/w Sandeep Barve, Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/4907/2023.

Mr. Sanjiv Sawant a/w Dr. Uday Warunjikar, Mr. B. K. Barve, Mr. Sandeep Barve, Ms. Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/8356/2023.

Dr. Suresh Mane with Mr. Dinesh R. Sonawane for petitioners in WP Nos.1240/2023, 1420/2023 and 2183/2023. Dr. Birendra Saraf, Advocate General a/w Mr. P. P. Kakade, Govt. Pleader a/w Mr. O. A. Chandurkar, Addl. Govt. Pleader and Smt. R. A. Salunkhe, AGP for respondents/State in WP Nos.477/2023 and connected matters and Mr. M. M. Pabale, AGP for State in WP/7932/2023.

Mr. Bhushan Govind Ramteke present.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

9th NOVEMBER, 2023 P.C.:

1.

Writ Petitions in this batch of petitions either seek a prayer to issue certain directions to the respondents for implementation of the Government Resolution dated 28th October, or challenge the validity of the said Government Resolution.

2.

It has been brought to our notice that now on the same subject another Government Resolution dated 30th October, 2023 has been issued by the State.

3.

Submission by the learned Advocate General is that so far as the writ petitions in which direction for implementation of the Government Resolution dated 28th October, 2021 has been sought or challenge is made to the validity of the said Government Resolution, have been rendered infructuous on account of the issuance of subsequent Government Resolution dated 30th October, 2023.

4.

Learned counsel for the petitioners in these writ petitions have, however, submitted that the Government Resolution dated 30th October, 2023 has been issued to defeat the interim orders passed by this Court from time to time and that by the said Government Resolution the rights accrued in favour of the petitioners by virtue of Government Resolution dated 28th October, 2021, have been taken away. 5.

In our considered opinion, such pleas can be considered

only once the Government Resolution dated 30th October, 2023 is challenged.

6.

Thus, Writ Petition Nos.477/2023, 478/2023, 1240/2023, 2183/2023, 1420/2023, 4889/2023, 4902/2023, 4905/2023, 4907/2023, 7932/2023, 8356/2023 and WPST/1040/2023, where directions have been sought for implementing the Government Resolution dated 28th October, 2021, are hereby dismissed as having been rendered in fructuous. Writ Petition No. 3653 of 2022, where challenge to the validity of the Government Resolution dated 28th October, 2021 has been made, is also dismissed as having been rendered infructuous.

7.

We, however, observe that it will be open to the petitioners to make a challenge to the Government Resolution dated 30th October, by taking out appropriate proceedings, including filing of a writ petition, with all permissible pleas and ancillary prayers.

(ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.11.09 18:12:36 +0530 PRAVIN DASHARATH PANDIT