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Bombay High CourtWP/12354/2018disposed offdismissed for default

Sangram Vitthalrao Mhaske And Others v. The State Of Maharashtra And Others

2019-06-18Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

129 WRIT PETITION NO.12354 OF 2018 SANGRAM VITTHALRAO MHASKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : P.R.Katneshwar I/b Ambetkar Arvind G AGP for Respondents: K.B.Jadhavar ­­­­­ CORAM : S.V.GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 18/06/2019 PER COURT :

Mr.Katneshwarkar, learned advocate for the petitioner fairly concedes that the issue raised in the present Writ Petition has been decided at the principal seat in Writ Petition No.12978/2018 under order dated 25/1/2019 and the learned counsel further submits that the petitioner has given a representation, the State Government be directed to consider the same.

2] The Division Bench at the principal seat under order dated 25/1/2019 in Writ Petition No.12978/2018 has observed that carving out quota or percentage of seats or percentage of teaching posts for non teaching employees is the legislative prescription and the Court in exercise of its writ jurisdiction cannot direct the respondents to make particular statute or to amend the statute in force. 3] It is for the State to legislate in that regard. The legislature in its wisdom has to take decision in this regard. The petitioners may make efforts in that regard. Writ Petition is disposed of. No costs. In

view of disposal of Writ Petition, Civil Application No.6950/2019 stands disposed of.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/