Bombay Lawyers Association v. Union Of India And Another

pil-53.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.53 OF 2015 Bombay Lawyers' Association ... Petitioner Vs.

Union of India and Anr.

... Respondents Mr. Ahmed Abdi a/w Mr. Satyaprakash Sharma i/by Abdi & Co. for the Petitioner.

Mrs. N.V. Masurkar for the Respondent No.1 - UOI. Mrs. P.H. Kantharia, Government Pleader for the Respondent No.2State. CORAM : A.S. OKA & P.D. NAIK, JJ.

DATE : 18th MARCH, 2016 P.C.

The learned counsel appearing for the Petitioner has tendered across the Bar a notification dated 19 th November, 2015 issued by the Ministry of Social Justice and Empowerment of the Government of India which declares that the Government of India has decided to celebrate 26 th November of every year as 'CONSTITUTION DAY' to promote the constitutional values amongst the citizens. The contention of the Petitioner is that as far as prayer against the first Respondent - Union of India is worked out but the State Government will have to take appropriate decision in terms of the decision taken by the

pil-53.15 Government of India on 19 th November, 2015. Another contention which is raised by the learned counsel appearing for the Petitioner is that all the Authorities which are 'State' within the meaning of Article 12 of the Constitution of India should follow what the Government of India has done.

A copy of the notification dated 19 th November, 2015 has been supplied to the learned Government Pleader. We direct the State Government to consider this Writ Petition as a representation of the Petitioner and take appropriate decision after taking into consideration the notification dated 19 th November, 2015 issued by the Government of India which is taken on record and marked 'X-1' for identification. As regards the prayer against several undertakings, we permit the Petitioner to file appropriate representations. With the above directions issued to the Government of Maharashtra, we dispose of the Petition. Appropriate decision shall be taken by the Government of Maharashtra in the light of the notification dated 19 th November, 2015 on or before 30 th April, 2016.

Though the Petition is disposed of, the same shall be listed under the caption of 'Directions' on 4 th May, 2016 for reporting compliance.

(P.D. NAIK, J ) (A.S. OKA, J )