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Bombay High CourtWP/1167/2015admittedallwdgrantedrule absolute

Shri Hanuman Vyayam Prasarak Mandal Thr. Its Secretary Mrs. Madhuri Chendke And Another v. State Of Maharashtra, Through Secretary Dept. Of Higher And Technical Education And 4 Others

2015-06-19Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

wp1167.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1167 OF 2015 Shri Hanuman Vyayam Prasarak Mandal, Amravati and another -vsState of Maharashtra and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.A.M.Sudame, counsel for the petitioners.

Mr.A.M.Deshpande, AGP for the respondent Nos.1 to 3. Mr.R.B.Dhore, counsel for the respondent Nos.5 to 28. CORAM : SMT.VASANTI A. NAIK & PRASANNA B. VARALE, JJ.

DATE : 19.06.2015.

Heard.

The learned counsel for the petitioners states that the issue involved in this case was also involved in a bunch of writ petitions at the Aurangabad Bench of this Court, bearing Writ Petition No.8779 of 2014 and others and the Aurangabad Bench had held in those writ petitions that Clause 14 of the impugned resolution would not apply to the petitioners therein for the Academic Session 2014-15. It is submitted that the Aurangabad Bench has held that the petitioners therein would be entitled for reimbursement of fees and all related benefits based on the earlier Government Circular/Policy.

Shri Deshpande, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3, does not dispute the statements made on behalf of the petitioners.

wp1167.15 2/2 We have perused the judgment in Writ Petition No.8779 of 2014 and others. Hence, for the reasons recorded in the judgment, dated 29/01/2015 in Writ Petition No.8779 of 2014 and others, we partly allow this writ petition on the following terms.

(1) Clause 14 of the impugned Government Resolution shall not apply to the petitioners for the Academic Session 2014-15.

(2) The petitioners are entitled for fees reimbursement and all other related benefits based on the earlier Government Circular/Policy prior to the said impugned resolution (in respect of students admitted through Centralized Admission Process and belonging to specified reserved category).

In the circumstances, there would be no order as to costs.

JUDGE JUDGE KHUNTE