FERDINO I. REBELLO,J.

1. A learned Division Bench of this Court by its order dated September 30, 2008, noted that it was unable to agree with the interpretation placed by another Bench of this Court in Hitesh Dasiram Murkute v. State of Maharashtra & Ors., 2007 (4) Bom.C.R.784 on the Judgment of the Hon’ble Supreme Court in Mari Chandrasshekhar Rao vs. Dean, G.S. Medical College & Ors., (1990) 3 S.C.C. 130. The Bench further observed that prima facie they are also not in agreement with the interpretation placed by the Division Bench Judgment of this Court in Bankimchandra vs. State of Maharashtra, 2006 (Supp.) Bom. CR.769. The learned Chief Justice was thereafter pleased to constitute a Bench for hearing and final disposal of these matters. Considering the controversy, we had also by an order dated November 25, 2009, requested the learned Advocate General to assist the Court and also called on other Counsel, who may be directly affected, to address this Court.

2. The question framed for consideration reads as under :-

“Whether a person who was not ordinarily resident as on the date of the relevant Presidential Notification in the area that now constitutes the State of Mah