SMT. SWATI ANKUSH BORDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The petitioners have brought peculiar facts before this Court vide this petition. Having considered the extensive submissions of the learned Counsel for the petitioners and on behalf of the respondents on 2/3/2022, 3/3/2022 and today, the submissions of the respective parties can be summarized as under-

(3.) We find from the judgment delivered by the learned Division Bench of this Court at Aurangabad in Writ Petition No.6267 of 2018 filed by Dnyaneshwar Ramkisan Musane vs. The State of Maharashtra and others, that this Court dealt with clause 1(c) under the Government Resolution dtd. 20/5/2015 and concluded that the same was arbitrary, irrational and unsustainable since it violated the fundamental rights guaranteed by Article 14 of the Constitution of India.