Dr. Vijay Laxmanrao Avhane vs Sanjay Kisanrao Deshmukh And ...
2021 Latest Caselaw 15257 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 1237 OF 2020
                               ( Dr. Vijay Laxmanrao Avhane
                                             Vs.
                             Sanjay Kisanrao Deshmukh & Ors. )

Office Notes, Office Memoranda                         Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. U.P. Deopujari, Advocate for the Petitioner.
                                  Mr. K.S. Narwade, Advocate for Respondent Nos. 1 & 2.
                                  Mr. D.M. Kale, Advocate for the Respondent No.3.
                                  Mr. A.A. Madiwale, AGP for the Respondent No.4/State.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 25th OCTOBER, 2021.

Mr. Narwade, learned counsel for the respondent Nos. 1 & 2 in respect of the preliminary objection raised by him as recorded in the order dated 29.09.2021, fairly concedes to the same in view of the judgment of this Court in Ashok Yashwant Nikam Vs. Chatrapati Shivaji Vidya Prasarak Mandal, Nasik & Ors., reported in (2009) 3 Bom CR 19, therefore the objection is no longer survives.

2. Mr. Kale, learned counsel for the respondent No. 3 to place on record an affidavit indicating the applicability or the non-applicability of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, (for short the "M.E.P.S. Act") to schools run by the Municipal Council, and in case, it is his

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contention that the M.E.P.S. Act, is not applicable than to place on record the relevant provisions which are so applicable.

3. List the matter on 27.10.2021.

JUDGE SD. Bhimte