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2022 Supreme(Bom) 85

R. D. DHANUKA, S. G. MEHARE
Kisan Vidya Prasarak Sanstha Shirpur, Taluka Shirpur, District Dhule, through its President Shri Tushar S/o Vishwasrao Randhe – Appellant
Versus
State of Maharashtra, Through its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. R. Barlinge, Advocate
For the Respondent:Mr. S. B. Talekar, Special counsel a/w Mrs. M.A. Deshpande, AGP for, Mr. Anandsingh Bayas, Advocate

JUDGMENT :

R. D. Dhanuka, J.

Rule. Mr. Talekar, learned Special Counsel for respondent Nos.1 and 2 waives service. Mr. Anandsingh Bayas, learned counsel for the Respondent No.3 waives service. Rule is returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of certiorari for quashing and setting aside the impugned letter dated 6th June, 2017 issued by the respondent No.2 and writ of mandamus to direct the respondents to allow the petitioners to fill up the vacancies sanctioned by the Government as per the provisions of the Maharashtra University of Health Sciences Act, 1998 (for short, “the said University Act”).

3. The petitioners have also prayed for a writ of certiorari for quashing and setting aside the impugned order dated 18th August, 2017 passed by the State of Maharashtra and also the consequential directions issued by the Vice Chancellor of respondent No.3 University, dated 30th August, 2018. Some of the relevant facts for the purpose of deciding this writ petition are as follows :-

4. The petitioner No.1 is a registered society and Trust which runs petitioner No.2 Ayurved College. Respondent No.3 to

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