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2007 Supreme(Bom) 656

F.I.REBELLO, R.M.SAVANT
Satish Dattatray Nadgauda – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Mr. M.M. Sathaye for the petitioner.
Mr. A.A. Kumbhakoni, Associate Advocate General with Ms. M.P.
Thakur, Assistant Government Pleader for the respondent Nos.1,3
and 4.
Mr. A.V. Anturkar with Mr. R.S. Apte and Mr. Uday Warunjikar for the
Intervenors.

JUDGMENT (Per F.I. REBELLO, J.)

Rule. Heard forthwith.

2. The petitioner had approached this court to challenge the legality and propriety of G.R. dated 29.7.2006 and G.R. dated 25.11.2005 as described in prayer clause (b) and for a further mandamus to withdraw the said G.Rs. The G.Rs pertain to the revised criteria for regularising posts other than teachers in the private partial/whole time granted Secondary, Higher Secondary Schools, Classes of Higher Secondary/Junior Colleges, Military schools in the State of Maharashtra. The G.R. of 29th July, 2006 is the revised criteria for similar posts. As the matter pertained to creation of post under the provisions of MEPS Act and the Rules framed thereunder, we had issued notice to the State Government as to why considering Article 348 of the Constitution of India, the English translations thereof were not available, as prima facie the said G.Rs were an exercise in subordinate legislation. Under Article 348(1)(b), the authoritative text of all Bills, amendments, Acts and Ordinances as also all Orders, Rules, Regulations and Byelaws issued under the Constitution or under any law made by the Parliament or Legislature of State shall be in the

















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