Dismissed

Seva Samajik Vikas Sanstha v. the State of Maharashtra Thr Its Secretary and Anr.

Bombay HC9 Nov 2023WP/477/2023

Case brief

AI extract

What is this about?

This bench dismissed multiple writ petitions seeking implementation of a Government Resolution dated 28th October 2021 as infructuous due to the issuance of a subsequent resolution on 30th October 2023. A challenge to the newer resolution is reserved for separate proceedings.

What did the court decide?

Petitions dismissed as infructuous; petitioners left open to challenge the new Government Resolution separately.

Seva Samajik Vikas Sanstha Vs the State of… — Writ and Judicial Review | Bombay HC (2023)

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908-WP-477-2023 +

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 477 OF 2023

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Seva Samajik Vikas Sanstha .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents

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WITH WRIT PETITION NO. 478 OF 2023

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Seva Samajik Vikas Sanstha .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents

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WITH WRIT PETITION ST. NO. 1040 OF 2023 Anusuchit Jati Jamati Shikshan Sanstha .. Petitioner Versus The State of Maharashtra & Anr. ..Respondents

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WITH

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WRIT PETITION NO. 1240 OF 2023

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God Father Sevabhavi V Bahuuudhesiya Shikshan Sanstha .. Petitioner Versus Dr. Babasaheb Ambedkar Research and Training Institute & Ors. .. Respondents

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WITH WRIT PETITION NO. 2183 OF 2023 Samyak Niwas Sewabhavi Sanstha .. Petitioner Versus Dr. Babasaheb Ambedkar Research And Training Institute & Ors. .. Respondents

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908-WP-477-2023 +

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WITH WRIT PETITION NO. 1420 OF 2023

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Samyak Niwas Sewabhavi Sanstha .. Petitioner Versus Dr. Babasaheb Ambedkar Research And Training Institute & Ors. .. Respondents

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WITH WRIT PETITION NO. 4889 OF 2023

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Sambodhi Academy Maharashtra (Parbhani) .. Petitioner Versus

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The State of Maharashtra & Ors. .. Respondents

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WITH

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WRIT PETITION NO. 4902 OF 2023

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Nalanda Bahuddeshiya Sevabhavi Sanstha, Jalana .. Petitioner Versus The State of Maharashtra .. Respondent

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WITH

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WRIT PETITION NO. 4905 OF 2023

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Udaylaxmi Competitive Training Center .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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WITH

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WRIT PETITION NO. 4907 OF 2023

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Dr. Babasaheb Ambedkar Bahuuddeshiya Sevabhavi Sanstha, Udgir .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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WITH

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WRIT PETITION NO. 7932 OF 2023

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Samajik Vikas Sanstha .. Petitioner Versus State of Maharashtra & Anr. .. Respondent

908-WP-477-2023 +

WITH

WRIT PETITION NO. 8356 OF 2023

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Anusuchit Jati Jamati Shikshan Sanstha .. Petitioner Versus The State of Maharashtra .. Respondent

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WITH WRIT PETITION NO. 3653 OF 2022

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Swa. Mahadevrao Pandurangji Bhedurkar Bahuddeshiya Sanstha & Ors. .. Petitioners Versus Dr. Babasaheb Ambedkar Research And Training Institute & Anr. .. Respondents Mr. Abhijit Desai i/by Desai Legal for the petitioners in WP Nos.477/2023, 478/2023, WPST/1040/2023 and WP No.7932/2023.

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Mr. B. K. Barve a/w Sandeep Barve, Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/4889/2023.

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Dr. Uday Warunjikar a/w Mr. Sanjiv Sawant, Mr. B. K. Barve, Mr. Sandeep Barve, Ms. Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/4902/2023 and WP/4905/2023.

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Mr. B. K. Barve a/w Sandeep Barve, Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/4907/2023.

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Mr. Sanjiv Sawant a/w Dr. Uday Warunjikar, Mr. B. K. Barve, Mr. Sandeep Barve, Ms. Sonali Patil i/by B. K. Barve & Co. for petitioners in WP/8356/2023.

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Dr. Suresh Mane with Mr. Dinesh R. Sonawane for petitioners in WP Nos.1240/2023, 1420/2023 and 2183/2023.

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Dr. Birendra Saraf, Advocate General a/w Mr. P. P. Kakade, Govt. Pleader a/w Mr. O. A. Chandurkar, Addl. Govt. Pleader and Smt. R. A. Salunkhe, AGP for respondents/State in WP Nos.477/2023 and connected matters and Mr. M. M. Pabale, AGP for State in WP/7932/2023.

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Mr. Bhushan Govind Ramteke present.

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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

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DATE: 9^th NOVEMBER, 2023

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P.C.:

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1. Writ Petitions in this batch of petitions either seek a prayer to issue certain directions to the respondents for implementation of the Government Resolution dated 28^th October, 2021 or challenge the validity of the said Government Resolution.

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2. It has been brought to our notice that now on the same subject another Government Resolution dated 30^th October, 2023 has been issued by the State.

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3. Submission by the learned Advocate General is that so far as the writ petitions in which direction for implementation of the Government Resolution dated 28^th October, 2021 has been sought or challenge is made to the validity of the said Government Resolution, have been rendered infructuous on account of the issuance of subsequent Government Resolution dated 30^th October, 2023.

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4. Learned counsel for the petitioners in these writ petitions have, however, submitted that the Government Resolution dated 30^th October, 2023 has been issued to defeat the interim orders passed by this Court from time to time and that by the said Government Resolution the rights accrued in favour of the petitioners by virtue of Government Resolution dated 28^th October, 2021, have been taken away.

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5. In our considered opinion, such pleas can be considered

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only once the Government Resolution dated 30^th October, 2023 is challenged.

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6. Thus, Writ Petition Nos.477/2023, 478/2023, 1240/2023, 2183/2023, 1420/2023, 4889/2023, 4902/2023, 4905/2023, 4907/2023, 7932/2023, 8356/2023 and WPST/1040/2023, where directions have been sought for implementing the Government Resolution dated 28^th October, 2021, are hereby dismissed as having been rendered in fructuous. Writ Petition No. 3653 of 2022, where challenge to the validity of the Government Resolution dated 28^th October, 2021 has been made, is also dismissed as having been rendered infructuous.

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7. We, however, observe that it will be open to the petitioners to make a challenge to the Government Resolution dated 30^th October, 2023 by taking out appropriate proceedings, including filing of a writ petition, with all permissible pleas and ancillary prayers.

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(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)

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Digitally signed by PRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2023.11.09 18:12:36 +0530

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Seva Samajik Vikas Sanstha v. the State of Maharashtra Thr Its Secretary and Anr.

Case brief

What is this about?

What did the court decide?

Seva Samajik Vikas Sanstha v. the State of Maharashtra Thr Its Secretary and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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