: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9512 OF 2004 WRIT PETITION NO.9512 OF 2004 WRIT PETITION NO.9512 OF 2004 1. Shri Dayanand Bajarang Inamdar Occ. Service, Age about 30 years, At & post Gharpan, Tal. Panhala, Dist. Kolhapur. 2. Shri Prakash Dhondiram Mane Occ. Service, At & Post Tilwani, Tal-Hatkanangale, Dist. Kolhapur. 3. Smt.Snehalata Datta Shirke At & Post Kotoli, Tal-Panhala, Dist. Kolhapur. 4. Shri Mahadeo Krishna Kamble At Kode, Pt.Shenwadi, Tal- Gaganbawada, Dist. Kolhapur. 5. Smt. Bharati Baburao Satpute At & P. Kotoli, Tal Panhala Dist. Kolhapur. All having their address of service at Shripatrao Chougule Arts & Commerce College, Malvadi-Kotoli, At & P. Kotoli, Tal-Panhala, Dist. Kolhapur. ..Petitioners V/s. 1. The State of Maharashtra Through its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai-32. 2. The Director of Higher Education Department of Higher & Technical Education, Mantralaya Extension, Mumbai. 3. The Shivaji University Through its Registrar, Having its office at University Premises, Kolhapur. 4. Dnyanganga Shikshan Prasarak Mandal Through its President Having their head office at Malvadi-Kotoli, Tal-Panhala : 2 : Dist. Kolhapur. 5. The University Grants Commission Bahadur Shah Jafar Marg, New Delhi-110002. .. Respondents ---- Mr.S.P.Kadam for the petitioners. Mr.C.R.Sonawane Assistant Government Pleader for Respondent Nos.1 & 2. Mr.R.G.Ketkar for Respondent No.3. Mr.B.V.Phadnis i/by R.A.Rodrigues for Respondent No.5. ---- Coram : R.M.LODHA & Coram : R.M.LODHA & Coram : R.M.LODHA & R.S.MOHITE,JJ R.S.MOHITE,JJ R.S.MOHITE,JJ Date : 2.5.2005. Oral Judgment :- (Per : R.M.Lodha,J) Oral Judgment :- (Per : R.M.Lodha,J) Oral Judgment :- (Per : R.M.Lodha,J) . Rule. Returnable forthwith. 2. The parties by Counsel. By consent, rule is heard finally at this stage. 3. The learned Advocates for the parties are agreed that this Writ petition may be disposed of in terms of the order dated 21.4.2005 passed by us in Writ petition No.9518 of 2004. 4. As a matter of fact our order dated 21.4.2005 in Writ petition No.9518 of 2004 is based on the division bench Judgment of this Court in the case of Vishwaprakash s/o.Laxman Sirsath and Ors V/s. State : 3 : of Maharashtra & ors. reported in 2003(2) M.L.J. 176. Without multiplying the reasons that have already been given, we accordingly dispose of this Writ petition by following order :- O R D E R 1. Clause 2(b) of the impugned Government Resolution dated 18.10.2001 has already been held to be unsustainable and stands quashed by the decision of this Court in the case of Vishwaprakash s/o. Laxman Sirsath and Ors. V/s. State of Maharashtra and Ors. 2003(2) Mh.L.J. 176. 2. The case of the petitioners shall be examined so as to ascertain the applicability of the first proviso to clause 2 of the 1991 Regulations passed by the University Grant Commission before any adverse order affecting the service of the petitioners is passed by the concerned institution/college. 3. No costs. (R.M.LODHA,J) (R.M.LODHA,J) (R.M.LODHA,J) : 4 : (R.S.MOHITE,J) (R.S.MOHITE,J) (R.S.MOHITE,J)