Bhanukumar Wamanrao Mahajan And ORS v. State Of Maha And ORS

1 23-WP-5363.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5363 OF 2004 WITH CA/990/2006 IN WP/5363/2004 BHANUKUMAR WAMANRAO MAHAJAN & ORS.

VERSUS

STATE OF MAHARASHTRA & ORS.

-- Mr.D.R.Irale Patil, Advocate for petitioners Mr.S.W.Mundhe, AGP for respondent no.1 -- CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : JUNE 07, 2017 PER COURT :

Heard the learned Counsel for the petitioners for some time.

2.

The copy of Circular dated 08.02.2007 tendered by the learned Counsel for the petitioner is taken on record.

3.

Now the impugned Circular dated 18.03.2006 has been cancelled by the State Government by issuing new circular dated

2 23-WP-5363.odt 08.02.2007. The learned Counsel for the petitioners submits that though the impugned circular has been cancelled, the dispute still remains, as other department of the State Government viz., Rural Development Department, has given directions, which are inconsistent with the policy of the Education Department, which can be seen in the Government Resolutions dated 08.02.2007 and 14.11.1994 so also the letter dated 21.05.2004 of the Rural Development Department. 4.

In view of the these circumstances, the State Government is expected to file affidavit-inreply so the things would be clear. 5.

Stand over to 22.06.2017. By the next date, the learned AGP shall file reply.

6.

Authenticated copy of this order be provided to the learned AGP.

3 23-WP-5363.odt 7.

Civil Application No.990 of 2006 filed for fixing early date of hearing of the petition, stands disposed of.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp