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2021 Supreme(Bom) 299

R.D.DHANUKA, R.I.CHAGLA
Anaya Yogesh Patki – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Cases Referred :
Harsh Pratap Sisodia Vs. Union of India & Ors., (1999) 2 SCC 575
Ravindra K. Rai Vs. State of Maharashtra, (1998) 3 SCC 183
CBSE Vs. Khushboo Shrivastava, (2014) 14 SCC 523
S.K. Mohd. Rafique Vs. Managing Committee Contai Rahamania High Madrasah & Ors., (2020) 6 SCC 689
Mamta Sharma Vs. Central Board of Secondary Education & Ors., Writ Petition(s) (Civil) No(s). 522 of 2021, decided on 22nd June, 2021
Christian Medical College Vellore Association Vs. Union of India & Ors., (2020) 8 SCC 705
Maharashtra State Board of Secondary and Higher Secondary Education, Pune Vs. State of Maharashtra & Ors., Civil Appeal No.6256 of 2010
State of Bihar & Ors. Vs. Bihar State Plus - 2 Lecturers Association and Ors., (2008) 7 SCC 231
Aneesh Haridas Vs. University of Kerala, Trivandrum & Ors., 2007 SCC Online Ker. 22
Rakesh Kumar Agarwalla & Anr. vs. National Law School of India University, Bengaluru & Ors., (2021) 1 SCC 539
Anubha Shrivastava Sahai & Ors. vs. Union of India, Writ Petition (C) No.620 of 2021, dated 25th June, 2021
Union of India & Ors. vs. M. Selvakumar & Anr., (2017) 3 SCC 504
Viraj Maniar vs. State of Maharashtra & Ors., Writ Petition No.1086 of 2009
Dr. Preeti Srivastava and Another vs. State of Madhya Pradesh & Ors., (1999) 7 SCC 120
Association of Medical Superficially Aspirants and Resident and others vs. Union of India and others, (2019) 8 SCC 607
T.M.A. Pai Foundation V/s. State of Karnataka & 31 Ors., (2002) 8 SCC 481
Ashwani Kumar Singh v/s. U.P. Public Service Commission and Ors., (2003) 11 SCC 584
Union of India and Ors. v/s. Dhanwanti Devi and Ors., (1996) 6 SCC 44
K.P. Sudhakaran and Anr. v/s. State of Kerala and Ors., (2006) 5 SCC 386
State of Madhya Pradesh and Anr. v/s. Bhailal Bhai and Ors., AIR 1964 SC 1006
Shangrila Food Products Ltd. v/s. Life Insurance Corporation of India and Anr., (1996) 5 SCC 54

JUDGMENT :

R.D. Dhanuka, J.

By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of certiorari for quashing and setting aside the Notification No.202105281410593929 dated 28th May 2021 issued by the respondent no.1. By Interim Application (L) No.16326 of 2021, four of the students of the respondent no.5 International General Certificate of Secondary Education (IGCSE Board) have prayed for intervention or impleadment in the writ petition and also to implead IGCSE as the party respondents. We have already permitted the impleadment of the said IGCSE Board as the party respondent no.5 in the writ petition by an order dated 28th July 2021.

2. We have permitted the applicants in the said interim application to intervene and to canvass their submissions in Writ Petition No.1413 of 2021. Interim Application (L) No.16326 of 2021 is accordingly allowed in aforesaid terms.

3. Learned counsel for the petitioner states that all the respondents are served. The respondent nos.3 to 5 are absent though served. During the course of arguments, learned Advocate General for the respondent no.1 tendered copies of the letters addressed by the respondent

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