1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2563 OF 2008 Bagul Prabhakar Ramchandra & Anr. .. Petitioners Versus The Secretary, Laxmi Education Society Mumbai & Ors. .. Respondents ALONGWITH WRIT PETITION (L) NO.571 OF 2009 State of Maharashtra & Ors. .. Petitioners Versus Kamlesh K. Dorage & Ors. .. Respondents ALONGWITH WRIT PETITION (L) NO.572 OF 2009 State of Maharashtra & Ors. .. Petitioners Versus Ajit Shah & Ors. .. Respondents ALONGWITH WRIT PETITION NO.1188 OF 2009 State of Maharashtra & Ors. .. Petitioners Versus Markandey A. Ramsingh & Ors. .. Respondents Mr.N.M.Ganguli for the petitioner. Mr.P.L.Mahadik for respondent No.1. 2 Ms.Geeta Shashtri, A.G.P for the State. Mr.Prashant Bhavake i/by N.V.Bandiwadekar for respondent Nos.4 and 5. CORAM : S.C.DHARMADHIKARI, J. DATE : 19th January 2011. P.C.: . Rule. Respondent waives service. Heard forthwith. 2 These petitions involve a controversy which is identical to that involved in Writ Petition No.1246 of 2008 and companion matters which came to be disposed off by a judgment and order dated 30th June 2008. Against the said judgment and order the matter was carried in appeal and the appeal was before the Division Bench of this Court consisting of the then Hon’ble the Chief Justice Swatanter Kumar and Hon’ble Mr.Justice A.M.Khanwilkar. By a judgment and order dated 10th December 2009 these appeals came to be disposed off with the following order and directions: “(i) Insofar as Writ Petition No.73 of 2002 is concerned, the same is disposed of with direction to the concerned Respondent to consider the Petition as representation in respect of reliefs claimed by the 3 Petitioners and to take final decision in the matter in accordance with law by giving opportunity to the Petitioners and upon recording reasons for its decision. That be done as expeditiously as possible. No order as to costs. (ii) Insofar as Appeal No.299 of 2008 is concerned, the same is partly allowed with no order as to costs. The operative order passed by the learned Single Judge in para-43 of the Judgment under Appeal is maintained, but for the reasons recorded by us in this Judgment. All questions involved in the remanded proceedings to be decided by the Tribunal on its own merits in accordance with law. The School Tribunal shall proceed with the hearing of the appeal filed by the employees expeditiously. In view of the Judgment in Appeal No.299/2008, nothing survives for consideration in Notice of Motion No.2497 of 2008. The same is disposed of. (iii) Insofar as Writ Petition No.2327 of 2008, this Writ Petition partly succeeds with no order as to costs. The same is made absolute in terms of prayer clause (a), subject to the observations made in this 4 Judgment. The order dated 21st July, 2008 and the communication dated 25th July, 2008 impugned in this Petition are set aside and instead the proposal submitted by the Petitioners for closure of the two Junior Colleges stands restored before the Competent Authority for reconsideration on its own merits in accordance with law. Further, the order in this Writ Petition shall not influence or affect the pending action against the Management for appointment of Administrator to take over running of the two junior colleges in exercise of powers under the provisions of 1976 Act. In view of the decision in Writ Petition No.2327 of 2008, nothing survives for consideration in Chamber Summons Nos.246/2008 and 248/2008 and Notice of Motion Nos. 304/2009 and 338/2009. The same are disposed of accordingly. (iv) Insofar as Writ Petition No.2521 of 2008, this Writ Petition partly succeeds with no order as to costs. The same is made absolute in terms of prayer clause (a), subject to the observations made in this Judgment. The order dated 21st July, 2008 and the communication dated 25th July, 2008 impugned in this Petition are set aside and instead the proposal submitted for closure of the two Junior Colleges 5 stands restored before the competent Authority for reconsideration on its own merits in accordance with law. Further, the order in this Writ Petition shall not influence or affect the pending action against the Management for appointment of Administrator to take over running of the two junior colleges in exercise of powers under provisions of 1976 Act. In view of the decision in Writ Petition No.2521 of 2008, nothing survives for consideration in Chamber Summons No. 330/2009. The same is disposed of accordingly. (v) Insofar as Writ Petition No.1640 of 2009 is concerned, the same is disposed off with the above observations with no order as to costs. In view of the dismissal of the Writ Petition, nothing survives for consideration in Notice of Motion Nos.307/2009 and 385/2009. The same are disposed of accordingly. (vi) Insofar as Writ Petition No.1638 of 2009 is concerned, the same is disposed off with the above observations with no order as to costs.” 3 All parties agreed that the present writ petitions will also have to abide 6 by the Division Bench judgment. Accordingly, each of these petitions are disposed off in terms of the Division Bench judgment and the directions issued therein. The matters now stand remitted to the School Tribunal and the State Government for disposal in terms of the directions of the Division Bench. These petitions succeed and the rule in each of them is made absolute in terms of the Division Bench judgment. (S.C.DHARMADHIKARI, J)