Navnath Bhagwan Rathod And ORS v. The State Of Maharashtra, Through Secretary, School Eduation Dept And ORS

15.wp.1929.2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1929 OF 2013 Navnath Bhagwan Rathod & Ors.

.. Petitioners Vs.

The State of Maharashtra, through Secretary, School Education Department & Ors.

.. Respondents Mr.Narendra V. Bandiwadekar for petitioners.

Mr.A.I.Patel, AGP for respondent no.1.

Mr.C.G. Gavnekar for respondent nos.2 and 3.

CORAM : ANOOP V. MOHTA, K.R. SHRIRAM, JJ.

DATED : 13TH APRIL, 2015 P.C.

Rule made returnable forthwith and heard finally. The learned counsel appearing for the petitioners makes a statement that the petitioners' case is covered by the judgment of this Court in writ petition No.6069 of 2010 dated 12th October 2010 and a judgment passed by the Supreme Court in the matter of Ramrao s/o. Jaimal Bacchav & Ors. Vs. State of Maharashtra & Ors.1. Therefore, as the petitioners' case is covered on the basis of the facts as well as law, the same relief may be granted in favour of the petitioners as sought in the petition for the same [2013(2) Mh.L.J. 370] Shraddha Talekar PA 1/2

15.wp.1929.2013.doc reasons. The counsel for the respondents also conceded to this position. Therefore, we pass the following order :

(i) The petition is allowed in terms of prayer clause (b) with liberty.

(ii) Respondent nos.2 and 3 to take steps in view of the above, as early as possible preferably within six weeks from today.

(iii) Respondent no.1-State of consider the proposals/representations as early as possible preferably within four months.

The petition and rule stand disposed of with liberty. No costs. Parties to act on the basis of authenticated copy of this order. (K.R. SHRIRAM, J.) (ANOOP V. MOHTA, J.) Shraddha Talekar PA 2/2