Dr. (Principal) Santoshrao S/O ... vs State Of Maharashtra, Through Its ...

Citation : 2023 Latest Caselaw 21 Bom
Judgement Date : 2 January, 2023

Bombay High Court
Dr. (Principal) Santoshrao S/O ... vs State Of Maharashtra, Through Its ... on 2 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
                                                                  1                            48-WP-8514-2019.odt


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               NAGPUR BENCH, NAGPUR
                                                    WRIT PETITION NO. 8514 OF 2019
                            (Dr. (Principal) Santoshrao s/o Mahadeorao Thakre Vs. State of Maharashtra & Ors.)
                    Office Notes, Office Memoranda of Coram,
                    appearances, Court's orders of directions                      Court's or Judge's order
                    and Registrar's orders.
                                  Shri A.S. Dhore, Advocate for the petitioner.
                                  Ms. S.S. Jachak, Assistant Government Pleader for respondent Nos. 1, 3 and 4/
                    State.
                                  Shri J.B. Kasat, Advocate for respondent No.2.

                                  CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : JANUARY 2, 2023 The learned Counsel for the petitioner has sought to place reliance on the judgment in Gokul s/o Shrirang Mundhe & Ors. Vs. The State of Maharashtra & Ors. [Writ Petition No. 1514/2017 decided on 5/5/2017] with other connected matters to urge that the petitioner being engaged with a private aided college is excluded from the purview of Clause 2 of the order issued by the State Election Commission on 2/3/1995. On the other hand, Shri J.B. Kasat, learned Counsel appearing for respondent No.2 has sought to place reliance on the judgment in Shivaji University Teachers Association (SUTA) & Ors. Vs. Chief Election Officer, Maharashtra & Ors. [Writ Petition No. 15209/2022 decided on 12/12/2022] at the Principal Seat. Therein it has been held that the members of the staff working in colleges affiliated to the University would be governed by paragraph 2(v) of the State Election Commission's order dated 2/3/1995 as amended on 18/7/2018.

To consider the aforesaid aspect, reply on behalf of the respondents is necessary.

Stand over three weeks to enable the respondents to file their replies.

(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.) SUMIT Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:02.01.2023 16:55