Sagar Bahuuddeshiya Shikshan Sanstha, Through its Member, Vishwambhar Shriram Tanpure vs Government of India, Through its Ministry of Social Justice Empowerment, Department of Social Justice and Empowerment

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1637

MANGESH S. PATIL
Sagar Bahuuddeshiya Shikshan Sanstha, Through its Member, Vishwambhar Shriram Tanpure – Appellant
Versus
Government of India, Through its Ministry of Social Justice Empowerment, Department of Social Justice and Empowerment – Respondent

Advocates Appeared:
For the Petitioners:Mr. S.S. Jadhavar, Mr. N. B. Khandare, Ms. P.S. Talekar i/b Talekar & Associates, Mr. D.S. Bagul, Mr. Adate Malhari S. & Kodale V.G., Mr. Kazi Rahil Riyazoddin, Mr. V.D. Hon Senior Advocate i/b Mr. Hon Ashwin V., Mr. Bondar Uttam Bajirao, Mr. Mundhe Mahdav R., Mr. Swapnil Joshi i/b J.P. Legal Associates, Mr. Jadhav Yashwant Panditrao, Mr. Patil Dnyanehwar J., Mr. Gaikwad Pramod S., Mr. Khandare N.B., Mr. Tukaram Maruti Venjane, Mr. Chandrakant A. Jadhav, Mr. Santosh S. Jadhavar, Mr. Shambhuraje V. Deshmukh.
For the Respondents: Mr. A.S. Khandeparkar, Sr. Adv., a/w learned advs. Mr. Farhan Shaikh, Mr. Pratik A. Sharma, Mr. Saurabh Mitlan i/b Mr. Ajay G. Talhar, A.S.G., Mr. R.B. Bagul, Mr. S.W. Mundhe, Mr. R.R. Bangar, Mr. R.B. Bhosale, Ms. Nikita Gore, A.G.P., Mr. S.G. Sangale and Mr. S.B. Yawalkar.

JUDGMENT :

(Mangesh S. Patil, J.) :

Heard. Rule in all the petitions. It is made returnable forthwith. At the joint request of the parties all these matters raising similar issues are being disposed of by this common judgment. Writ Petition No. 3797/2023 and Writ Petition No. 5088/2023 are taken as lead petitions with the consent of all the petitioners and the respondents from the rest of the petitions.

2. By invoking the powers of this Court under Article 226 of the Constitution of India, the association of managements of unaided engineering colleges and individual managements are putting up a challenge to clause nos. 11.1 and 11.2 of the guidelines issued by the respondent no. 1- Ministry of Social Justice and Empowerment, Government of India, laying down guidelines in respect of the Post Matric Scholarships to the Students Belonging to Scheduled Castes for Studies in India (2020-21 to 2025-26) issued in the month of March 2021 (hereinafter ‘Guidelines’). In some of these petitions there is a challenge to even the subsequent government resolution issued by the Social Justice and S

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2023 Supreme(Bom) 1637

MANGESH S. PATILSagar Bahuuddeshiya Shikshan Sanstha, Through its Member, Vishwambhar Shriram Tanpure – AppellantVersusGovernment of India, Through its Ministry of Social Justice Empowerment, Department of Social Justice and Empowerment – Respondent

Cases Referred (3)

MANGESH S. PATIL
Sagar Bahuuddeshiya Shikshan Sanstha, Through its Member, Vishwambhar Shriram Tanpure – Appellant
Versus
Government of India, Through its Ministry of Social Justice Empowerment, Department of Social Justice and Empowerment – Respondent