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2020 Supreme(Bom) 1206

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Sunil – Appellant
Versus
State of Maharashtra through its Secretary, Department of Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prashant A. Gode.
For the Respondents: A.M. Joshi, Ajay D. Mohgaonkar, Chaitanya Mohgaonkar.

JUDGMENT :

AVINASH G. GHAROTE, J.

1. In light of the judgment of the Hon'ble Apex Court, in Viman Vaman Awale vs. Gangadhar Makhriya Charitable Trust and Others, (2014) 13 SCC 219, all the petitions claim a direction to the respondent nos. 1 and 2 to rectify the common seniority list prepared by the respondent no. 3.

2. In Writ Petition No. 4238/2017, the petitioner claims to be placed at serial no. 3 of the seniority list. In Writ Petition No. 4239/2017, the petitioner claims to be placed at serial no. 4 of the seniority list and in Writ Petition No. 4240/2017, the petitioner claims to be placed at serial no. 30 of the seniority list. A further common relief is claimed of directing the respondent no. 3-Management, upon the seniority list being so rectified as claimed, to forward the proposals for the respective posts, as claimed by the respective petitioners.

3. The respondent no. 3 runs three High Schools and two Junior Colleges in various localities of the city.

4. Mr. Gode, learned Counsel for the petitioners relying upon Viman Awale (supra), submits that since the petitioner in

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