Javed Babulal Sayyed And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CONT. PETITION NO.:313 OF 2014 IN WRIT PETITION NO.:7661 OF 2013 Javed Babulal Sayyed and others Mr. K.G.Patil, A.G.P. for Respondent in all the matters. WRIT PETITION NO.:439 OF 2015 Surekha Dnyandeo Kalane and others Mr. Shelke Shivaji T., Advocate for Respondent Nos.3 and 4. Mr. Dama Prashant P., Advocate for Respondent Nos.7 and 8. WRIT PETITION NO.:1490 OF 2015 Ramkisan Manikrao Surwase and others Mr. Talekar S.B. and Mr. Awate U R, Advocate for Petitioners. WRIT PETITION NO.:7772 OF 2014 Venudas Dhyandev Waghmode and others

Mr. Talekar S.B. and Mr. Awate U R, Advocate for Petitioners. Mr. Shelke Shivaji T., Advocate for Respondent Nos.3 and 4. WRIT PETITION NO.:8074 OF 2014 Ketaki Vishwanath Kothare The State Of Maharashtra and others Mr. Patil Hanmant V., Advocate for Petitioner. Mr. Gangwal Madhubala B., Advocate for Respondent Nos.3 and 4. WRIT PETITION NO.:9607 OF 2014 Kamaloddin Fayyaj Shaikh Patel and others Mr. Deepak K. Rajput, Advocate for Respondent Nos.3 and 4. Mr. C.V.Thombre, Advcoate and S. B. Nakhate, Advocate for Respondent No.5.

WRIT PETITION NO.:9629 OF 2014 Ravindra Madhav Gaikwad and others Mr. Deepak K. Rajput, Advocate for Respondent Nos.3 and 4. Mr. C.V.Thombre, Advcoate and S. B. Nakhate, Advocate for Respondent No.5.

WRIT PETITION NO.:9630 OF 2014 Firojshah Hidayatshah Fakir and others

Mr. Patil Pravin S., Advocate for Zilla Parishad. WRIT PETITION NO.:9631 OF 2014 Datta Nagorao Chawan and others Mr. Talekar S.B. , Advocate for Petitioners.

Mr. Tope Sambhaji S., Advocate for Respondent Nos.16 and 17. WRIT PETITION NO.:10140 OF 2014 Krushna Jagannath Chavan and others Mr. Joshi Milind M. , Advocate for Petitioners. Mr. Pawar Rahul S., Advocate for Respondent No.4. WRIT PETITION NO.:10141 OF 2014 Dhananjay Shankarrao Deshmukh and others Mr. Joshi Milind M., Advocate for Petitioners Mr. Suryawanshi Prashant D., Advocate for Respondent No.3. WRIT PETITION NO.:10143 OF 2014 Rajendra Pandurang Gavad and others Mr. Joshi Milind M., Advocate for Petitioners Mr. Tope Sambhaji S., Advocate for Respondent No.4.

WRIT PETITION NO.:10147 OF 2014 Namdeo Annasaheb Naykal and others The State Of Maharashtra and others Mr. Wakure Sanjay A., Advocate for Petitioners. Mr. Choudhari Sushant B., Advocate for Respondent Nos.4 and 5. WRIT PETITION NO.:10363 OF 2014 Geetanjali Bapurao Rathod Mr. Wakure Sanjay A., Advocate for Petitioner. Mr. Bondar U.B., Advocate for Respondent Nos.4 and 5. WRIT PETITION NO.:10444 OF 2014 Mahesh Dnyandeo Waditake and another Mr. Shelke Shivaji T., Advocate for Respondent Nos.3 and 4. WRIT PETITION NO.:10445 OF 2014 Eknath Ramkisan Chaudhar and others Mr. Shelke Shivaji T., Advocate for Respondent Nos.3 and 4.

WRIT PETITION NO.:10446 OF 2014 Kunal Suresh Pimpale and others Mr. Avhad Abhijeet P., Advocate for Respondent Nos.6 and 7. Mr. Tope Sambhaji S., Advocate for Respondent Nos.8 and 9. WRIT PETITION NO.:10878 OF 2014 Suresh Ramnath Khatik and others Mr. Patil Pravin S., Advocate for Respondent Nos.2, 9, 10 and 19. Mr. S.T. Shelke, Advocate for Respondent Nos.3 and 4. Mr. Tope Sambhaji S., Advocate for Respondent Nos.5 and 6. Mr. Siddhiki Rajput, Advocate for Respondent Nos.7 and 8. WRIT PETITION NO.:11501 OF 2014 Anita Raghunath Kadam and others Mr. Talekar S.B., Advocate for Petitioners.

Mr. Tope Sambhaji S., Advocate for Respondent Nos.10 and 11. Mr.Shinde Bhagwat A., Advocate for Respondent Nos.28 and 29. CONT. PETITION NO.:314 OF 2014 IN WRIT PETITION NO.:7664 OF 2013 Chandrakant Haribhau Sasane and others

Mr. Talekar S.B. and U.R.Awate, Advocate for Petitioners. CONT. PETITION NO.:496 OF 2014 IN WRIT PETITION NO.:7667 OF 2013 Kamaloddin Fayyaj Shaikh Patel and others WRIT PETITION NO.:4741 OF 2014 Umesh Narayan Patil and another Mr. V.A.Bagal, Advocate for Petitioners.

Mr. M.S. Sonawane, Advocate for Respondent Nos.3 and 4. WRIT PETITION NO.:9841 OF 2014 Ajit Shrimant Bajulge and others Mr. Jagtap Amol T., Advocate for Petitioners. WRIT PETITION NO.:1686 OF 2015 Subhash Bapurao Sonawane and others Mr. G.J.Karne, Advocate for Petitioners.

WRIT PETITION NO.:1687 OF 2015 Dharma Kalyanrao Khapre and others Mr. G.J.Karne, Advocate for Petitioners.

WRIT PETITION NO.:1688 OF 2015 Ramkrushna Madhukar Dhumal and others Mr. G.J.Karne, Advocate for Petitioners.

W I T H WRIT PETITION NO.:1450 OF 2015 Rahul Ramnath Shinde and others W I T H WRIT PETITION NO.:1469 OF 2015 Surekha Abarao Bhusare and others W I T H WRIT PETITION NO.:11076 OF 2014 Mahendra Baliram Sonawane and others

Mr. Sonwane Maheshkumar S., Advocate for Respondent Nos.4, 5, 16 & 17. Mr. Tandale P.R., Advocate for Respondent Nos.6 and 7. Mr. Shelke Shivaji T., Advocate for Respondent Nos.8 And 9. Mr. Tope Sambhaji S., Advocate for Respondent Nos.12 and 13. Mr. Avhad Abhijeet P., Advocate for Respondent No.14 And 15. W I T H WRIT PETITION NO.:11084 OF 2014 Vikas Sudhakr Kshirsagar and another Mr. D.K. Rajput, Advocate for Respondent Nos.4 and 5. W I T H CIVIL APPLICATION NO.:12131 OF 2014 IN WRIT PETITION NO.:11084 OF 2014 Rajendra Khandu Rajbhoj and others Mr. Kanawade Ajay T., Advocate copy served on Mr.A.G. Ambetk, Advocate for Petitioner.

W I T H CIVIL APPLICATION NO.:1801 OF 2015 IN WRIT PETITION NO.:11084 OF 2014 Dnyaneshwar Baburao Ingole and another Mr. Kanawade Ajay T., Advocate copy not served on Mr.A.G. Ambetk, Advocate for Petitioner.

A N D WRIT PETITION NO.:11091 OF 2014 Rahul Gangaram Aghade and others Mr. Dama Prashant P., Advocate for Respondent Nos.6 and 7. Mr. Tope Sambhaji S., Advocate for Respondent Nos.8 and 9. Mr. Tandale P.R., Advocate for Respondent Nos.10 and 11. CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

10th February, 2015.

PER COURT:

These writ petitions assail the Government Resolution dated 21st August, 2014, and the advertisement issued pursuant to the same.

We have heard Mr.Talekar, learned counsel and all other learned counsel appearing for respective Petitioners, so also, the learned Additional Government Pleader for the State. The bone of contention of the learned counsel for the respective Petitioners is that the policy framed i.e. Government Resolution dated 21st August, 2014, is not in consonance with the judgment delivered by this Court in Writ Petition No.7106 of 2013 with connected writ petitions dated 9th May, 2014.

It was also pointed out that the said judgment and order was subject matter in Civil Application No.9191 of 2014 seeking modification of the order. Except the modification to the extent of a minor part, rest of the judgment was not modified. During the course of hearing, the learned Additional Government Pleader produced a communication received to him from the State stating that in view of the judgment of this Court and the disposal of the application for modification bearing Civil Application No.9191 of 2014, the Respondent - State would review the said policy and would modify the said Government Resolution dated 21st August, 2014. As it is a policy decision, some time would be required. It is also clarified in the said letter that they would require time of three months for the same.

In view of the statement made by the Respondent - State that they are going to modify the Government Resolution dated 21st August, 2014, it is not necessary to enter into the merits of the contentions of the rival parties. The State has agreed to modify the said scheme and the same would be done by the State. The State shall take the said policy decision and modify the scheme appropriately as agreed by them within three months. So that by the next academic year, the procedure for appointment would be streamlined.

The second objection is with regard to the advertisement which was issued pursuant to the Government Resolution dated 21st August, 2014. This Court had allowed the process pursuant to the said advertisement to be continued, however, had stayed the appointments to be made pursuant to the said Government Resolution. Now the period that has remained for this academic year is two months as is agreed by the learned counsel for the respective parties. The question would be appointing instructors only for this two months. Naturally, the scheme vide Government Resolution dated 21st August, 2014 is being modified as per the Respondent - State's statement.

Now as the Government Resolution dated 21st August, 2014, itself is being modified by the State, the advertisement given pursuant to the Government Resolution dated 21st August, 2014, would not survive. Moreover, the said advertisement also states about giving appointment on adhoc basis, which was pursuant to the Government Resolution dated 21st August, 2014, and in view of the statement made that the policy itself is going to be modified and reviewed, the said advertisement itself would not survive. Even otherwise, pursuant to the said advertisement, no appointment orders are issued. As such, no right and interest of any person is created pursuant to the said advertisement.

In light of the above, we pass the following order: I.

The advertisement assailed in the respective writ petitions, stands set aside.

II.

The letters dated 2nd February, 2015, 6th February, 2015 and 10th February, 2015, which are produced by the learned Additional Government Pleader are taken on record and made part of the record of the present writ petitions.

III.

Accordingly, all the writ petitions stand disposed of. No costs.

IV.

In view of the statement of the Respondent - State recorded about modifying the said scheme and directions given to do the same within three months, the contempt petitions stand disposed of. However, it would be open for the Petitioners to agitate their rights including that of contempt if the State fails to adhere to their statement and directions issued in these petitions.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm