1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5383 OF 2009 Shri Baliraja Shikshan Sanstha Someshwar’s Shri Rajershi Shahu College of Education (B.Ed.), Khasra No.151/2, Prthpimpalgaon Road, Palam, Tq. Palam, Dist. Parbhani Through its Secretary :- Keshav s/o Wamanrao Ingole, Age : 41 years, Occu.Secretary Shri Baliraja Shikshan Sanstha Someshwars College of Education (B.Ed.), R/o Palam, Dist. Parbhani ..PETITIONER VERSUS 1) The State of Maharashtra, Through the Secretary, Higher & Technical Education, Mantralaya, Mumbai – 32 2) Swami Ramanand Tirth Marathwada University, Nanded, Through its Registrar 3) Director of Higher & Technical Education, Maharashtra State, Mumbai 4) Maharashtra Vina Anudan Adhyapak Mahavidyalaya Sanstha Chalak Association, Plot No.8, Opposite M.U. International School, N-12, CIDCO, Aurangabad ..RESPONDENTS 2 Mr Atul M. Karad, Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 3; Mr R.V. Ghuge, Advocate for respondent no.2; Mr A.S. Bayas, Advocate for respondent no.4. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 21st August 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. Heard respective Counsel for the parties. 3. A copy of the order dated 30.7.2009 passed by the Division Bench of this Court at its principal Bench at Bombay in Writ Petition No.5884 of 2009 has been placed before us. The aforesaid copy is taken on record and marked as Exhibit “X” for the purpose of identification. The learned Counsel for the parties agree that the nature of challenge raised in the present petition and the nature of challenge in Writ Petition No.5884 of 2009, decided by Division Bench at Bombay by order dated 30.7.2009 are identical. 3 4. In the light of the judgment of Division Bench of this Court at its principal seat at Bombay in Writ Petition No.5884 of 2009 dated 30.7.2009, this petition is also allowed and Rule is made absolute in terms of prayer clause (B) to the petition with no order as to costs. Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the learned Counsel for the parties to act upon. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5383.09 4 WRIT PETITION NO.5383 OF 2009 Date of decision : 21st August, 2009 For approval and signature THE HONOURABLE SHRI JUSTICE P.V. HARDAS THE HONOURABLE SHRI JUSTICE A.V. POTDAR 1. Whether Reporters of Local Papers } may be allowed to see the judgment? } Yes. 2. To be referred to the Reporter or not? } Yes/No 3. Whether Their Lordships wish to see the fair copy of the judgment? } No. 4. Whether this case involves a substantial } question of law as to the interpretation } of the Constitution of India, 1950 or } any Order made thereunder? } No. 5. Whether it is to be circulated to the } Civil Judges? } No. 6. Whether the case involves an important } question of law and whether a copy of } the judgment should be sent to Mumbai, } Nagpur and Panaji offices? } No. ( Anant Joshi ) Private Secretary to Honourable Judge