Bombay High Court

TRIMBAK MAHADEV MARKAD AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI ABASAHEB D SHINDE

Holding

Clause‑3 of the Government Resolution dated 13 October 2016 is discriminatory and violative of Article 14, warranting the quashing of the order dated 10 June 2022.

Summary

The petitioners, Trimbak Mahadev Markad and others, filed a writ petition challenging an order dated 10 June 2022 issued by the State of Maharashtra. The challenge was premised on Clause‑3 of a Government Resolution dated 13 October 2016, which the petitioners alleged to be discriminatory and violative of Article 14 of the Constitution. The High Court observed that the matter was squarely covered by its earlier decision in Ganesh Mahadeo Asekar v. State of Maharashtra (Writ Petition No. 5563 of 2022), where Clause‑3 was declared unconstitutional. Relying on that precedent, the Court held that the impugned order must be set aside. Accordingly, the writ petition was allowed, and the order dated 10 June 2022 was quashed in the interest of justice.

Issues considered

Whether Clause‑3 of the Government Resolution dated 13 October 2016 is discriminatory and violative of Article 14 of the Constitution of India.
Whether the order dated 10 June 2022 issued by the State of Maharashtra should be quashed.

Legislation cited

Constitution of India — s. Article 14

Subjects

Article 14
discrimination
government resolution
writ petition
quashing order
constitutional law

Judgment

2026:BHC-AUG:25733-DB

                                                                               923.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               923 WRIT PETITION NO. 4916 OF 2026

                              Trimbak Mahadev Markad And Others
                                             VERSUS
                 The State Of Maharashtra Through The Secretary And Others
                                               ...
                Mr. Sahebrao A. Nagarsoge, Advocate for the Petitioner
                Mr. S. K. Tekale, AGP for Respondents/State
                                               ...
                                    CORAM : NITIN B. SURYAWANSHI AND
                                                ABASAHEB D. SHINDE, JJ.
                                       Dated      : July 02, 2026

                PER COURT :-

                1.        Heard. Rule. Rule made returnable forthwith.


                2.        Indisputably, the issue raised in this petition is squarely

                covered by the decision of a Co-ordinate Bench of this Court at

                Nagpur in Ganesh Mahadeo Asekar and Ors. Vs. The State of

                Maharashtra & Ors. (Writ Petition No.5563 of 2022), wherein

                this Court has declared Clause-3 of Government Resolution

                dated 13.10.2016 as discriminatory and violative of Article 14 of

                the Constitution of India, insofar as the petitioners therein there

                concerned. For the reasons recorded in the said order, Writ

                Petition is allowed in terms of prayer clause “B”, which is as

                follows :



                Narwade
                                                                      923.odt

          3.      B. By issuing appropriate writ, orders or directions in the
          like nature, the order dated 10.06.2022 [Exhibit K] passed by the
          respondent no.5 may please be quashed and set aside in the
          interest of justice.”




(ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)




Narwade

Continue reading with your account

Checking your session…