Bombay High Court

DR. MAROTI MALLIKARJUN CHANDAPURE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court affirmed the validity of the challenged clauses as previously decided in Writ Petition No. 6549/2026.

Summary

The petitioners challenged clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of a Government Resolution dated 07‑08‑2012. The High Court observed that it had already examined those clauses in Writ Petition No. 6549/2026 and had held them to be valid. Accordingly, the present writ petition was found to be covered by that earlier judgment and was disposed of. The parties consented to be bound by the outcome of Special Leave to Appeal (C) No. 28560 of 2026, which is pending against the earlier judgment. The interim relief that had been granted earlier was ordered to continue for a further six weeks.

Issues considered

Whether clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the 07‑08‑2012 Government Resolution are valid under law

Subjects

government resolution
validity of clauses
writ petition
interim relief
high court

Judgment

                                   (1)                 916-WP-13559-2019




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 916 WRIT PETITION NO. 13559 OF 2019

             Dr. Maroti Mallikarjun Chandapure And Others
                                VERSUS
        The State Of Maharashtra Through Secretary And Others
                                    ...
Mr. Bharat N. Gadegaonkar, Advocate for the Petitioners.
Mr. S. R. Yadav-Lonikar, AGP for Respondent-State.

                                CORAM : KISHORE C. SANT &
                                            JITENDRA JAIN, JJ.

                                DATE     : 03rd SEPTEMBER 2026.

PC :-

1.      Heard Mr. Gadegaonkar, learned Advocate for the petitioner and

Mr. Yadav-Lonikar, the learned A.G.P. for the respondent/State.

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)                  916-WP-13559-2019




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

of.

4.           Parties accept that they will be governed by the outcome of Special

Leave to Appeal (C) No.28560 of 2026 that is filed against the judgment

of this Court in Writ Petition No.1583/2015.

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.]
D.A.ETHAPE

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