Director Of Examination And Evaluation And ANR. v. Nirav Satish Joshi And ANR.

cham-901-nmw-538-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.538 OF 2017 IN REVIEW PETITION (L) NO.54 OF 2017 IN WRIT PETITION NO.649 OF 2017 Director of Examination and Education and Another

...Petitioners

vs.

Nirav Satish Joshi and Another

...Respondents

Mr. Asadullah Shaikh i/b. Rui Rodrigues, for the Petitioners Mr. Prajot Joggi i/b. Mr. D.S. Joshi, for the Respondents CORAM : SHANTANU KEMKAR & A.M. BADAR, JJ.

DATE :

DECEMBER 13, 2017 (IN CHAMBER) P.C.:

.

We have heard learned counsel for the parties on the Notice of Motion. For the reasons stated in the Notice of Motion, we allow the notice of Motion and condone the delay in filing the Review Petition.

2.

The Notice of Motion No.538 of 2017 is disposed of. 3.

Heard the learned counsel for the parties on the Review Petition.

4.

The learned counsel appearing on behalf of the Review Petitioners submits that due to inadvertence it has been mentioned Vishal Parekar 1/2

cham-901-nmw-538-2017.doc on behalf of the Review Petitioners that the question involved in the Writ Petition is squarely covered by the judgment of this Court passed on 8th March, 2017 in Writ Petition (L) No. 626 of 2017 in the case of Swati Shantaram Bagde vs. The Controller of Examination and Others. According to him on facts the judgment is not applicable to the present case.

5.

We find that on the basis of statement made by the learned counsel for the parties that "this matter squarely covered by the judgment passed by this Court in the case of Swati Bagde (supra)," we disposed of this Petition without examining the merits of the matter. Since now the Review Petitioners submits that the matter is not covered by the said order, we feel it appropriate to recall our order dated 2nd May, 2017 passed in Writ Petition No.649 of 2017.

6.

In view of aforesaid, the Review Petition (L) No. 54 of 2017 is allowed. The order dated 2nd May, 2017 in Writ Petition No. 649 of 2017 is recalled.

7.

Let the Writ Petition No. 649 of 2017 be placed before the appropriate Bench in the next week.

(A.M. BADAR, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2