The condition contained in clause 11(5) of the Government Resolution (GR) dated 5 March 2011 is discriminatory and violates the guarantee of equality enshrined under Article 14 of the Constitution of India.

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 on the part of non government institutions by way of issuing public advertisement, for filling up the post of Principal, before the cases of incumbent Principals can be referred to the Performance Review Committee for extension in the age of superannuation from 62 years to 65 years. The main contention raised in all these petitions is that such condition being not prescribed for government institutions, there is hostile discrimination vis-a-vis Principals in non government institutions, in the matter of benefit of extension in the age of superannuation. All these writ petitions, except writ petition no. 3481 of 2015, have therefore been instituted by incumbent Principals in various non government institutions seeking extension in the age of superannuation from 62 years to 65 years in terms of the GR dated 5 March 2011, but without the application of clause 11(5) thereof, which they impugn as being ultra vires, unconstitutional, null and void.

5. The writ petition no. 3481 of 2015 has been instituted by Akole Taluka Education Society, Ahmednagar which has established and operates two non government institutions. In this petition, amongst other matters, the challenge is to the recommendation dated 14 June 2013 made by the Performance Review Committee and the order dated 29 November 2013 made by the State of Maharashtra accepting such recommendation and extending the age of superannuation of Rameshchandra Khandge (Khandge) from 62 years to 65 years. Both, the recommendation as well as the order, impugned in writ petition no. 3481 of 2015 came to be made during the pendency of and in pursuance of the interim orders obtained by the said Khandge in writ petition no. 9820 of 2013 instituted by him. In writ petition no. 3481 of 2015 therefore, the said Khandge has been impleaded as respondent no. 6. In a sense therefore writ petition no. 9820 of 2013 and writ petition no. 3481 of 2015 are cross petitions concerning the issue of extension of age of superannuation of Khandge.

6. We have heard Mr. V. A. Shastry who appears for most of the petitioners in this batch of petitions as well as Mr. Anturkar, the learned Senior Advocate who appears for Akole Taluka Education Society in writ petition no. 3481 of 2015. We have also heard Mr. Mali, the learned AGP who appears for the State and Mr. Borkar, the learned counsel appearing for the University. We have also heard Mr. Sanjay Kshirsagar, the learned counsel appearing for the applicants in civil application no. 3395 of 2015, who seeks intervention in writ petition no. 3481 of 2015 and has urged that the society was not in fact authorised to institute writ petition no. 3481 of 2015. We have also heard the other learned counsel appearing in the matters. We have perused the pleadings, record, as well as the orders made