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2016 Supreme(Bom) 38

NARESH H.PATIL, M.S.SONAK
Akole Taluka Education Society – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. A. V. Anturkar – Senior Advocate i/b. Mr. S. B. Deshmukh for Petitioner in WP 3481 of 2015.
Mr. Vikas Mali – AGP for State.
Mr. Sanjay Kshirsagar for Applicants in CAW 3395 of 2015.
Mr. V. A. Shastry for Respondent No. 6 in WP 3481 of 2015 and for Petitioners in WP Nos. 986 of 2015, 5679 of 2013, 9820 of 2013, 9821 of 2013, 12051 of 2012, 12052 of 2012 and 12056 of 2012.
Mr. D. B. Deshmukh i/b. Mr. A. A. Desai for Petitioners in WP 5677 of 2013 and 5678 of 2013.
Mr. Ajay Magdum i/b. Mr. S. S. Patwardhan for Respondent No. 4 in WP 6164 of 2013.
Mr. Subhash Bane i/b. S. B. Legal for Applicant in CAW 693 of 2015.
Mr. Sanjay Thokade for Respondent No. 5 in WP 12056 of 2012.
Mr. Amit Borkar for Respondent No. 5 in WP 12051 of 2012 and 12052 of 2012.

JUDGMENT :

M. S. Sonak, J.

1. Rule in each of the petitions. With the consent of and at the request of the learned counsel for the parties, Rule is disposed of finally.

2. The learned counsel for the parties agree that these petitions can be disposed of by a common judgment and order. Even otherwise substantially common issues of law and fact arise in each of these petitions and therefore, it would be appropriate to dispose of the same by common judgment and order. The Hon'ble Supreme Court, in its order dated 30 April 2013, made in Petition for Special Leave to Appeal (Civil) No. 16569 of 2013, to which detailed reference will be made later, had in fact issued directions for transfer of all these petitions to the Principal Seat of the High Court, for the purposes of final disposal within a time bound schedule.

3. In pursuance of the aforesaid, the matters were posted before us for final disposal. Accordingly, the petitions were heard for purposes of final disposal.

4. The principal challenge in all these petitions, except writ petition no. 3481 of 2015 is, to clause 11(5) of the Government Resolution (GR) dated 5 March 2011 to the extent the said clause mandates at least two attempts















































































































































































































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