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Bombay High CourtWP/10633/2016allowed to be withdrawn

Shri Ashok Ramchandra Tiwari And ANR. v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ANR.

2017-02-13Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

26-10625.16.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10625 OF 2016 Shri Ram Hansraj Ramkishor and anr.

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Petitioners

Versus

The State of Maharashtra and anr.

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Respondents WITH WRIT PETITION NO. 10633 OF 2016 Shri. Ashok Ramchandra Tiwari and Anr.

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Petitioners

Versus

The State of Maharashtra and anr.

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Respondents Mr.N.V. Bandiwadekar for the petitioners.

Mr.Sandip Shinde for R. No. 2.

Ms. R.M.Shinde, AGP for State.

CORAM : SHANTANU KEMKAR & PRAKASH D. NAIK, JJ.

DATED : FEBRUARY 13, 2017.

P.C.

Heard learned counsel for the parties at length. 2.

It has been argued by the learned counsel for the petitioner that the question involved in this petition has already been covered by the decisions given by various Division Benches of this Court including Parbhani Education Society Vs. State of

26-10625.16.sxw Maharashtra and anr in WP No. 3707 of 2013 delivered on 2 nd September, 2013. He has also stated that thereafter also number of different Division Benches have considered this aspect of the matter and had allowed the writ petitions. Copies of various judgments have been filed by the petitioners in support of this contention. We have gone through the averments in the petition, reply as also the rejoinder. We find that the question involved in this case is squarely covered by the various judgments passed by this Court including in the case of Parbhani Education Society (supra).

3.

In view of the aforesaid, we dispose of this petition in the light of the said order.

4.

As a result, Petition is allowed in terms of prayer clauses (b) and (c ).

(PRAKASH D. NAIK, J.) (SHANTANU KEMKAR, J.)