The State Of Maharashtra And ORS. v. Trimurti Shikshan Sanstha And ORS.

- 1 - (CAW 2769 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No.2769 OF 2015 IN CIVIL APPLICATION No.2367 OF 2014 IN WRIT PETITION No.8478 OF 2013 The State of Maharashtra and Ors.

....Applicants/ Petitioners Vs.

Trimurti Shikshan Sanstha and Ors.

....Respondents *********** Mr.Nitin Deshpande for Applicants Mr.Suresh Pakale for Respondents *********** CORAM : V. M. KANADE & B.P. COLABAWALLA, JJ.

DATE : JANUARY 21, 2016L P.C. :

1.

This civil application is filed by the State Government, seeking the following reliefs:

"(a) It is therefore, most respectfully prayed that this Hon'ble Court may modify the orders dated 16.07.2014, 30.09.2014 in Writ Petition No. 7209 of 2014 and Writ Petition No. 8478 of 2013 dated 07.01.2015 in Civil Application No. 2367 of 2014 in Writ Petition No.8478 of 2013 and Civil Application No. 2925 of 2014 in Writ Petition No. 7209 of 2014 and direct the Respondents to abide by reservation policy 1/2

- 2 - (CAW 2769 of 2015) and held that eligibility for grant does not ipso facto entitle the Respondent to claim grant.

(b) Any other relief which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case."

2.

The grounds taken in the civil application cannot be considered in the review petition. It is well settled position in law that the review petition is maintainable only on the ground of Order XLVII Rule 1 of the CPC. The Applicants are seeking to re-argue the entire matter by filing this civil application. We are, therefore, not inclined to entertain this civil application since no ground / case is made out for reviewing the order. Hence, civil application is dismissed, reserving the right of the Applicants to challenge the order passed by this Court by approaching the Apex Court.

[B.P. COLABAWALLA, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2