Najakatali Mahammadsayeed Qureshi And ORS v. The State Of Maharashtra, Through Secretary, Higher And Technical Education And Employment And ORS

2-WP-7217-11&CA-951-14.doc Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7217 OF 2011 WITH CIVIL APPLICATION NO. 951 OF 2014 Najakatali Mahammadsayeed Qureshi & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. Avinash Belge, i/b Mr. K.J. Phakade, for the Petitioners.

Mr. N.C. Walimbe, AGP, for the Respondents No. 1 & 2.

Mr. Rajdeep S. Khadapkar, for the Respondent No. 4.

Mr. Amol A. Gatne, for the Respondents No. 5 & 6. ---------- CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE :

20 November 2017 ORDER :

Mr. Belge, the learned counsel for the petitioners seeks the disposal of the writ petition on the ground that the issue involved in this case stands covered by the judgment rendered 1/2

2-WP-7217-11&CA-951-14.doc by this Court in favour of the petitioners.

Mr. Gatne, the learned counsel for the contesting respondents disputes the statement made by the learned counsel for the petitioners. So also, Mr. Khadapkar, the learned counsel for the respondent-University states that the latest judgment and order on which the learned counsel for the petitioners has relied on, was carried to the Hon'ble Supreme Court and the Hon'ble Supreme Court has permitted the parties concerned, to apply for review within 30 days after observing that one of the points involved in the case was not considered.

In view of the aforesaid, we are not inclined to dispose of the matter at the "Orders" stage. The matter should come up for hearing in due course or as and when the parties agree that the issue stands covered by the judgment of this Court.

Since the prayer made in the civil application appears to be the substantive prayer made by the petitioners in the writ petition, the prayer made in the application cannot be granted at the interlocutory stage, specially when rule is issued in the writ petition.

The civil application stands disposed of accordingly.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2