Saraswati Garamin Shikshan Sanstha, Bodkha, Wardha Thr. Its Secy. And ANR. v. State Of Maha., Thr. Principal Secy., Dept. Of School Education And Sports, Mumbai And ORS.

1 3.MCA.1009-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 1009 OF 2024 IN WRIT PETITION NO. 5613 OF 2024(D) ( Saraswati Gramin Shikshan Sanstha, Bodkha, Thr. its Secretary & Anr. Vs.

State of Maharashtra & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.C. Dharmadhikari, Advocate for the Applicants/Petitioners. Mr. I.J. Damle & Mr. N.S. Rao, AGPs for the Non-applicant/Respondent Nos. 1, 2, 3, 4 & 6/State.

CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 21st NOVEMBER, 2024 Heard.

2.

The review of the order dated 08.10.2024 has been sought on the ground, that the Government Resolution dated 26.07.2024 does not contain any clause indicating that the Institution has to secure marks more than what has been secured in the previous year and the stand of the State based upon the communication by the Commissioner as recorded in the order sought to be reviewed, is prima-facie incorrect. 3.

The Government Resolution dated 26.07.2024 prima-facie does not contain any such clause, in view of which, the stand by the State as indicated in para 8 and 9 of the reply as quoted in the said order, is merely justifying the

2 3.MCA.1009-2024.odt position stated in the letter of the Commissioner and does not address the issue. Hence, issue notice to the Non-applicants for final disposal, returnable on 02.12.2024. 4.

Learned AGP waives notice for the Non-applicant Nos. 1, 2, 3, 4 and 6/State.

5.

Applicants to serve the Non-applicant No.5 by all modes permissible in law by the returnable date. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 21/11/2024 17:16:23