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1994 DIGILAW 752 (SC)

State of Maharashtra v. Kannaiya Devjibhai Borisa

1994-07-18

A.M.AHMADI, M.M.PUNCHHI, N.P.SINGH, P.B.SAWANT, YOGESHWAR DAYAL

body1994
JUDGMENT : A.M. Ahmadi, J. Special leave granted. 2. In these appeals arising from the decision rendered by the High Court of Bombay in Writ Petition Nos. 2830/89, 4967/88, 5445/87, 3876/88, 2915/88, 2678/88, 3709/88 and 2776/89 with CA No. 4339/89, the question at issue was the same as one arising in Writ Petition No. 898/90 disposed of today. By the judgment delivered in the said Writ Petition this Court has affirmed the earlier view taken by the Constitution Bench in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and Ors. (1990) 3 SCC 130 ,. In view of the same the very premise on which the judgment of the High Court rests is knocked out. The appeals must, therefore, be allowed. 3. In the result we allow the appeals, set aside the impugned order of the High Court and direct that the Writ Petitions must stand dismissed with no order as to costs.