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2014 Supreme(Bom) 2039

MOHIT S.SHAH, VASANTI A.NAIK, R.K.DESHPANDE
Arun – Appellant
Versus
State of Maharashtra through its Secretary, Department of Education – Respondent


Advocates Appeared:
For the Petitioner:Anil Mardikar, Senior Advocate, assisted by Narayan Phadnis, Rajeev Madkholkar, Shri Ram Parsodkar, S.R. Narnaware, V.G. Wankhede, Advocates.
For the Respondents:Bharti Dangre, Government Pleader, Rohit Deo, Assistant Solicitor, R2, R.E. Moharir, Advocate.

JUDGMENT

R.K. DESHPANDE, J.

1. All these matters are placed before this Full Bench by a common order of reference dated 1-10-2013 passed by the Division Bench of this Court (Smt. Vasanti A. Naik and Shri A.S. Chandurkar, JJ.) to consider and decide the following questions:

"1) Whether the relief of protection of service after invalidation of the caste claim can be granted by the High Court on the basis of the judgment of the Hon'ble Supreme Court in Kavita Solunke Vs. State of Maharashtra and others 2012(8) SCC 430?

2) If the answer to question No.1 is in the affirmative, can such relief of protection of service be granted by the High Court in a case where the same relief has been earlier refused by the High Court?"

2. The reason for framing question No.1 is that there is conflict of views taken by the different Division Benches of this Court upon consideration of the decision of the Apex Court in the case of Kavita Solunke v. State of Maharashtra and others, reported in (2012) 8 SCC 430. One line of the decisions taking the view that the protection in service granted in Kavita Solunke'

























































































































































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