Bombay High Court

NISHANT ZAREEN ABDUL HAFEEZversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The clauses of the Government Resolution are valid and the present petition is dismissed as it is covered by the earlier judgment.

Summary

The petitioner, Dr. Nishat Zareen Abdul Hafeez, challenged specific clauses (4.1, 4.3, 4.4, 4.5, 4.7) of a Government Resolution dated 7 August 2012. The High Court noted that the same resolution had already been examined in Writ Petition No. 6549/2026, where the court upheld the validity of those clauses. Relying on that earlier judgment, the Court held that the present petition was covered by the prior decision and therefore dismissed it. The Court also ordered that the interim relief already granted continue for an additional six weeks. No new legal reasoning was required beyond the earlier ruling.

Issues considered

Whether clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government Resolution dated 07.08.2012 are valid
Whether the present writ petition is maintainable in view of the earlier judgment in Writ Petition No. 6549/2026

Subjects

Government Resolution
Writ Petition
Validity of statutory clauses
Interim relief
Precedent
High Court of Bombay

Judgment

2026:BHC-AUG:36733-DB


                                                1              P901-wp 10670-2019.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 10670 OF 2019

                 Dr. Nishat Zareen Abdul Hafeez                           .. Petitioner

                        Versus

                 The State of Maharashtra and others                      .. Respondents

                 Mr. Mukund R. Kulkarni, Advocate for Petitioner.
                 Mr. P. S. Patil, AGP for Respondent Nos. 1 to 4.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                         DATE       :   14th AUGUST, 2026.

                 PER COURT :-

                 1.     Heard learned advocate for the petitioner and learned A.G.P.

                 for the respondents.


                 2.     In this petition a challenge is raised to Government

                 Resolution dated 07.08.2012 as regards clauses 4.1, 4.3, 4.4, 4.5

                 and 4.7. This Court has already considered the said Government

                 Resolution and held those clauses to be valid in the judgment

                 passed in Writ Petition No. 6549/2026 alongwith other connected

                 matters dated 30.07.2026. The issue is thus already answered by

                 this Court. The present petition is covered by the judgment passed

                 in Writ Petition No. 6549/2026.
                               2             P901-wp 10670-2019.odt


3.       In view of the same, the present writ petition also stands

disposed of.


4.       Since an interim relief is already running since long, the

same be continued for a period of six week from today.



( JITENDRA JAIN, J.)                       ( KISHORE C. SANT, J. )




P.S.B.

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