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2011 Supreme(SC) 321

MARKANDEY KATJU, GYAN SUDHA MISRA
Bharat Ratna Indira Gandhi College of Engineering – Appellant
Versus
State of Maharashtra – Respondent


ORDER

1. Delay condoned. Leave granted. Heard learned counsel for the parties.

2. These Appeals have been filed against the impugned judgment and order dated 03rd December, 2008 passed by the High Court of Judicature at Bombay, Bench at Nagpur in Writ Petition No.2216 of 2006. At the very outset we may note that in fact there was no petition before the High Court on which the impugned order was passed. The High Court took suo motu action on the basis of some information which has not been disclosed in the impugned order. The cause title in the impugned judgment reads:

"Court on its own motion vs. State of Maharashtra through its Secretary, Education Department."

None of the colleges in respect of which the impugned order was passed were made respondents, nor was notice issued to them, nor were they heard by the High Court. To say the least, this was a strange procedure adopted by the High Court.




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