Bombay High Court
DR. VIDYA CHANDRAKANT JADHAV (GOSAVI)versusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, PUBLIC HEALTH DEPARTMENT MUMBAI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petitions are disposed of, with the challenges to the resolution’s clauses to be decided based on the final outcome of the pending Special Leave Petition, and the interim protection is to continue until such outcome.
Summary
The writ petitions filed by Dr. Shital Uttam Shende, Dr. Govind M. Kulkarni, Dr. Vidya Chandrakant Jadhav and Dr. Satish Shimpi challenged clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of a Government resolution dated 07‑08‑2012. The High Court had earlier decided the issue in a common judgment dated 30‑07‑2026 and noted that a Special Leave Petition (C) No. 28560 of 2022 is pending before the Supreme Court, with interim protection already granted. The Court ordered that the challenges be held in abeyance pending the final outcome of the SLP and that the interim protection continue in the present petitions. It further directed that the interim relief would automatically cease if the SLP is vacated or dismissed. Consequently, the petitions were disposed of subject to the Supreme Court’s decision.
Issues considered
- Whether the challenge to clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government resolution dated 07‑08‑2012 can be adjudicated while a Special Leave Petition (C) No. 28560 of 2022 is pending before the Supreme Court.
- Whether the interim relief granted in the writ petitions should continue pending the outcome of the Special Leave Petition.
Subjects
- government resolution
- interim relief
- special leave petition
- writ petition
- administrative law
Judgment
2026:BHC-AUG:42225-DB
1 WP / 7392 / 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7392 OF 2023
DR. SHITAL UTTAM SHENDE
VERSUS
THE STATE OF MAHARASHTRA
AND
WRIT PETITION NO. 559 OF 2024
DR. GOVIND M. KULKARNI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA & OTHERS
AND
WRIT PETITION NO. 598 OF 2024
DR. VIDYA CHANDRAKANT JADHAV (GOSAVI) AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
AND
WRIT PETITION NO. 8113 OF 2023
DR. SATISH SHIMPI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA & ORS.
...
Advocate for petitioner : Mr. C.V. Dharurkar in all WP
Addl.GP for the respondent – State : Mr. P.S. Patil
...
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 10 SEPTEMBER 2026
PER COURT :
Not on Board. Taken on Board.
2. Heard learned advocate for the petitioner and learned AGP
Mr. Patil for the respondent – State.
2 WP / 7392 / 2023
3. These petitions arise out of challenge to clauses 4.1, 4.3,
4.4, 4.5 and 4.7 of the Government resolution dated 07.08.2012. This
Court has already passed a common judgment and order on
30.07.2026 in writ petition no. 1583 of 2025 and connected writ
petitions. The issue is already decided. Now Special Leave Petition
bearing (C) No. 28560 of 2022 is pending before the Hon’ble Supreme
Court wherein notices are issued and interim protection granted by this
Court is continued.
4. Considering the above, these petitions can be conveniently
disposed of with a direction that the challenge raised shall be subject to
the final outcome of the Special Leave Petition pending before the
Hon’ble Supreme Court.
5. In view of above, the petitions stand disposed of.
6. The interim protection shall be continued even in the
present petitions. In the event of vacating of the interim relief in the
Special Leave Petition or dismissal of the Special Leave Petition, the
interim relief shall stand vacated automatically.
[ JITENDRA JAIN ] [ KISHORE C. SANT ]
JUDGE JUDGE
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