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2022 Supreme(Bom) 779

DIPANKAR DATTA, M.S.KARNIK
State of Maharashtra – Appellant
Versus
Yeshwant Maruti Patil – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: L.M. Acharya, M.M. Pabale
For the Respondent: Vijay D. Patil.

JUDGMENT :

DIPANKAR DATTA, J.

1. These two writ petitions are at the instance of the State of Maharashtra through its Secretary, Higher and Technical Education Department and the Director, Higher Education, Maharashtra State. The challenge herein is common. The petitioners have challenged the common order dated 3rd May 2018 passed by the Maharashtra Administrative Tribunal, Mumbai (hereafter “the Tribunal”, for short) whereby Original Application Nos.70 and 786 of 2017, instituted by the respondents in these two writ petitions, were allowed with the following order:

    “(i) Both the Original Applications are hereby allowed without any order as to costs.

(ii) The provision of Rule 3 of 2015 Recruitment Rules to the extent removing in the quota for promotion to the senior collegiate branch is hereby quashed and set aside.

(iii) The State of Maharashtra is hereby directed to make suitable amendment in the light of the observations made in paragraph No. 12 above and by taking into consideration any other parameters, within a period of four months from the date of this order.

(iv) In view of disposal of O.A. No. 786/2017, the M.A. No. 356/2017 does not survive and hence the same also stands disp

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