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2008 Supreme(Bom) 1121

SWATANTER KUMAR, A.P.DESHPANDE, NISHITA MHATRE
Mahatma Gandhi Missions Institute – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Ms. Kumud A. Bhatia for the petitioner in W.P. Nos.8849/07, 8309/07, and 8851/07. Mr. S.H. Aney, senior advocate with Mr. Ranjit Bhosale i/by Mr. V.D. Salunke for the petitioners in W.P. Nos. 8847/07 and 8848/07. Mr. S.R. Ganbavale for the petitioner in W.P. No.8850/07. Mr. V.S. Masurkar, Government Pleader for the State in all the Writ Petitions except W.P. No.8309/07. Mr. R.P. Behere, Additional Government Pleader for the State in W.P. No.8309/07. Mr. P.K. Samdani, senior advocate i/by Ms. Beena Manon for All India Council for Technical Education. Mr. R.V. Govilkar for Respondent Nos.4 and 5 in W.P. No.8847/07.

JUDGMENT Swatanter Kumar, C.J. - The law is essentially mutable and requires to mould itself with the changing need of the society. In some spheres, the laws emerge from values, discipline and progression of the society as a whole. The laws normally emerge from the need of the social fabric and they meliorate for the betterment, development and progression of laws as well as administrative governance. Sometimes, the law changes by amendments or new enactments as the Legislatures feel credulous of such change. It is equally settled cannon of civil jurisprudence that the Legislative law leaves sometimes either the field of law untouched or the enacted law leaves vacant or gray areas which then are supplied by judicial pronouncements. This necessity arises not as a concept of judicial activism but more out of a need to fill up the lacuna or supply the gaps left by the Legislature primarily to ensure due protection against arbitrary administrative action and also to ensure that actions are in conformity to the constitutional mandate of equality and fairness. Education is one such field where the Judge made law has shown greater impact by application of this principle














































































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