NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This reference to the Larger Bench as per the order of the Hon'ble the Chief Justice arises on the backdrop of the following facts:-

(2.) Noticing that the directions of this Court in writ petition no. 6442 of 2021 whereby the respondent no. 2 - DDE was directed to decide the issue was contrary to the earlier two Division Bench decisions in the matter of Saroj Yashwant Deopujari Vs. Education Officer, writ petition no. 546 of 1989 dtd. 31/3/1989 and in the case of Ramchandra Narayan Jaykar Vs. Saroj Yashwant Deopujari in writ petition no. 1309 of 1991 dtd. 19/6/1991 as well as another Division Bench decision in the matter of Umesh Balkrushna Vispute Vs. State of Maharashtra and others; 2000 (4) Mh.L.J. 564, by the order under reference dtd. 6/4/2022, and pursuant to the directions of the Hon'ble the Chief Justice, following questions have been posed for determination :

(3.) We have heard the learned advocates of both the sides extensively and we have also perused the decisions of this Court (supra).