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Bombay High CourtWP/5667/2021disposed off

Ashirvad S/O Dhanaji Gaykhe v. The State Of Maharashtra And Through Principal Secretary Education And Sports Dept. ORS

2022-01-19Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Amit Borkar3 pages

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2022.01.20 15:19:44 +0530 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5667 OF 2021 Ashirvad S/o. Dhanaji Gaykhe ..

Petitioner v/s.

The State of Maharashtra Through Principal Secretary Education And Sports Dept. And Ors.

..

Respondents WITH WRIT PETITION NO.9703 OF 2021 (NOT ON BOARD) Gokul S/o. Santosh Mali ..

Petitioner v/s.

The State of Maharashtra Through Principal Secretary Education And Sports Dept. And Ors.

..

Respondents WITH WRIT PETITION NO.9704 OF 2021 (NOT ON BOARD) Yogita S/o. Pandit Patil ..

Petitioner v/s.

The State of Maharashtra Through Principal Secretary Education And Sports Dept. And Ors.

..

Respondents ....

Mr. Paresh Patil, for the Petitioners.

Mrs. S.S. Bhende, AGP, for State.

....

2/3 CORAM: NITIN JAMDAR & AMIT BORKAR JJ.

DATE : 19 JANUARY 2022.

(Through Video Conferencing) P.C:- On 5 January 2022, the following order was passed : "

The Petitioner has relied upon the decision of this Court in furtherance of the prayer sought and has contended that in spite of the law laid down, the impugned order is passed.

2.

The Respondents will examine this position. If the law is already laid down by this Court as contended, then without waiting for further orders of this Court, the Respondents will proceed to take necessary action. If according to the Respondents the case is distinguishable, the reply affidavit be filed within a period of two weeks. If it is found that the stand taken by the Respondents is unmeritorious, and the case is in fact covered by the decision of this Court, then the Court may impose litigation cost on the Respondents.

3.

Stand over to 19 January 2022."

2.

Similar order was passed in Writ Petition Nos. 9703 of 2021 and 9704 of 2021, which were adjourned to 27 January 2022. Hearing of these two petitions are preponed by consent and they are taken up for disposal along with Writ Petition No.5667 of 2021 which is listed on board today.

3/3 3.

A common affidavit is filed in all three petitions by Dr. Macchindra Kadam, Education Officer (Secondary), Zilla Parishad, Nashik, wherein he has stated that the issue raised by the Petitioners is covered by the decisions of this Court and necessary steps will be taken. This is also reiterated by learned AGP. Learned AGP states that the concerned Respondents will give effect to the law laid down and pass necessary orders in these petitions. Accepting the statement made by the learned AGP and in the affidavit, writ petitions are disposed of. (AMIT BORKAR J.) (NITIN JAMDAR, J.)