SHIKSHAN PRASARAK MANDAL Vs. LAXMIKANT BALKRISHNA JOSHI

JUDGEMENT

(1.) HEARD Shri Bhangde, learned Cbunsel for the applicants, Shri Dastane, learned Counsel for the non-applicant No. 1, Shri panpalia, learned Counsel for the non-applicant No. 3, Shri Mujumdar, learned Assistant Government pleader for non-applicant No. 4 in Miscellaneous Civil Application No. 329/2003 so also Shri Deshpande, learned Counsel for non-applicant No. 1 in Miscellaneous Civil Application No. 330/2003.

(2.) THE Division Bench of this Court consisting of R. K. Batta and J. P. Devadhar, JJ. , vide common order dated 16-4-2002 passed in Writ Petition no. 137/1986 (Anil Dattatraya Ade v. Presiding Officer, School Tribunal and three others), and in Writ Petition No. 2387/1985 (Laxmikant Balkrishna Joshi v. Shikshan Prtisarak Mandal and five others), reported in 2004 (1) Bom. C. R. (N. B.)843 referred the matter to the Hon'ble Chief Justice for constituting larger Bench. The Hon'ble Chief justice vide order dated 11-11-2002 was pleased to constitute a Full Bench of three Judges, which was presided over by the Hon'ble Chief Justice. The Full Bench passed judgment on 13-3-2003 (Anil Dattatraya Ade v. Presiding Officer, School Tribunal and three others), since reported in 2003 (3) Bom. C. R. (F. B.) (N. B.)465 : 2003 (2) Mh. L. J. (F. B.)316 : 2003 (3) Bom. L. R. 197 and decided the questions of law referred to it.

(3.) THE original respondent Nos. 1 to 3 in Writ Petition No. 2387/1985 and original respondent Nos. 2 and 3 in Writ Petition No. 137/1986 have filed miscellaneous Civil Application Nos. 329/2003 and 330/2003 respectively, inter alia, seeking review of the judgment dated 13-3-2003 of the Full Bench. The Hon'ble Chief Justice vide order dated 30-8-2003 is pleased to constitute the present Full Bench of three Judges, out of whom, Justice S. G. Mahajan and justice P. S. Brahme were the members of the earlier Full Bench and, therefore, these miscellaneous civil applications are listed before us for admission.