SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of notice for final disposal issued earlier the learned counsel for the parties have been heard by issuing Rule and making the same returnable forthwith.

(2.) When the writ petition was filed the petitioners had sought a declaration that respondent Nos.3 to 25 are not qualified to be considered for being promoted to the post of Junior Engineer in view of the fact that the degree qualification obtained by them has been held to be invalid by the Honourable Supreme Court in its decision in Orissa Lift Irrigation Corporation vs. Rabi Sankar Patro and Ors. (2018) 1 SCC 546 dtd. 03/11/2017. The learned counsel for the petitioners however submitted that the relief sought by prayer clause-(i) now does not survive and the same is not being pressed. Yet another prayer as made in prayer Clause-(iii) was to restrain the State Government from passing any Ordinance/Notification/Officer Order under Sec. 121 of the Nagpur Improvement Trust Act, 1936 (for short, the Act of 1936) during pendency of the writ petition so as to dissolve the Trust. The learned counsel for the petitioners submitted that the relief sought by prayer clause-(iii) also does not now survive.

(3.) Prayer clause-(ii) which has been now pursued in the writ petition reads as under :