Prashant S/O Balkrishna Sonone and Ors. vs the State of Maharashtra Thr Its Secretary Higher and Tenchinal Education and Anr. — Bombay HC (2025) — LawSathi Research

Prashant S/O Balkrishna Sonone and Ors. vs the State of Maharashtra Thr Its Secretary Higher and Tenchinal Education and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire recovered amount to be returned to the Petitioners; amounts payable by the Respondents within 30 days of receipt of the proposal from SNDT Women's University, Pune; Petitioners entitled to benefits as available in the light of the earlier Government Resolution.

Issue for consideration

Whether the recoveries initiated against the Petitioners under the Government Resolution dated 7th December, 2018 survived its supersession, and whether the Petitioners are entitled to return of the recovered amounts and to benefits available in the light of the earlier Government Resolution.

Court's answer

Worked out the Petition by recording that the Petitioners would be entitled to the benefits as were available to them in the light of the earlier Government Resolution (dated 7th December, 2018, since superseded by the G.R. dated 31st May, 2023).

Ratio / Principle

Directed that after receipt of the proposal from SNDT Women's University, Pune, the amounts would be paid to the Petitioners by the Respondents within 30 days.

Key takeaways

Directed the Petitioners to serve a copy of the order on the Registrar of SNDT Women's University, Pune, by speed post expeditiously, to enable the University to submit the proposal for return of the recovered amounts and payment of further amounts.ratio¶21

Detailed headnote1 paragraphs

Writ Petition No. 4138 of 2024 (High Court of Judicature at Bombay, Civil Appellate Jurisdiction) — Coram: Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.; decided 10th March, 2025. Petitioners (Prashant s/o Balkrishna Sonone & Ors.) had challenged recoveries initiated against them under Government Resolution dated 7th December, 2018. The learned AGP submitted that the cause of action stood put to rest: the G.R. dated 7.12.2018 had been superseded by a G.R. dated 31st May, 2023, issued after lodging of the Writ Petition on 11th December, 2022; a copy was tendered across the bar and marked 'X' for identification, with the entire recovered amount to be returned. The Court worked out the Petition by recording that the Petitioners would be entitled to the benefits as were available to them in the light of the earlier Government Resolution, and that upon receipt of the proposal from SNDT Women's University, Pune, the amounts would be paid by the Respondents within 30 days. Petitioners directed to serve a copy of the order on the Registrar of SNDT Women's University, Pune, by speed post expeditiously. Petition disposed of; no statute or precedent discussed.

TRUPTI SADANAND BAMNE

Digitally signed by TRUPTI SADANAND BAMNE Date: 2025.03.13 18:02:07 +0530

36-wp-4138-2024.odt

Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4138 OF 2024

Mr.Prashant s/o.Balkrishna Sonone & Ors. … Petitioners versus The State of Maharashtra & Ors. … Respondents

Mr.Sushant C.Yeramwar h/f. Mr.S.R.Barlinge for the Petitioners. Mr.A.K.Naik, AGP for the Respondent -State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 10^TH MARCH, 2025

P.C. :-

The learned Advocate Mr.Yeramwar is before us,

holding for Mr. Barlinge. He submits that because of a technological glitch, Mr.Barlinge is not available on the video conferencing mode. Therefore, he holds for him.

The learned AGP submits that the cause of action is put to rest. The Government Resolution dated 7^th December, 2018, vide which recoveries were initiated against the Petitioners, has been superseded by a Government Resolution dated 31^st May, 2023, which was issued after the lodging of the Writ Petition on 11^th December, 2022. Copy of the said Government Resolution is

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36-wp-4138-2024.odt

Trupti

tendered across the bar and the same is marked as ‘X’ for identification. He submits that the entire recovered amount would now be returned to the Petitioners.

In view of the above, the Petition is worked out by recording that the Petitioners would be entitled for the benefits as were available to them in the light of the earlier Government Resolution. After receiving the proposal from the SNDT Women’s University, Pune, within a period of 30 days from today, the amounts would be paid to the Petitioners by the Respondents.

In view of the above, this Writ Petition is disposed off by recording the above statement.

The Petitioners shall serve a copy of this order obtained from the official website of this Court, on the Registrar of SNDT Women’s University, Pune, by speed post, expeditiously to enable the University to submit the proposal for return of the recovered amounts and payments of further amounts, as the case may be.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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