Case Note & Summary
The judgment concerns three writ petitions filed by educational institutions against the State of Maharashtra and the Shikshan Shulka Samiti for Higher Technical Education Institutions. The petitioners, Late Babasaheb Varhade Shikshan Sanstha and Jijau Shikshan Samiti, challenged certain actions of the respondents regarding fee regulation. At the admission stage, the court issued rule and granted interim relief, noting that a similar writ petition (Writ Petition No.2350/2005) had been admitted with interim relief. Subsequently, Writ Petition No.2350/2005 was disposed of on 03.05.2016, holding that the interim relief granted therein was in the nature of final relief, and the rule was made absolute in terms of the interim order. The court found that the present petitions were identical in nature and, applying the principle of parity, allowed the petitions, making the rule absolute in terms of the interim order. The judgment is brief and relies on the earlier decision without elaborating on the underlying facts or legal issues.
Headnote
A) Education Law - Fee Regulation - Parity in Relief - The petitioners sought similar relief as granted in Writ Petition No.2350/2005, wherein interim relief was treated as final relief - Court held that since the earlier petition was disposed making interim relief absolute, the same order should be passed in these petitions on parity - Held that the rule be made absolute in terms of the interim order (Paras 1-3).
Issue of Consideration
Whether the petitioners are entitled to the same relief as granted in Writ Petition No.2350/2005 on the basis of parity
Final Decision
Writ petitions are allowed. Rule is made absolute in terms of the interim order. No order as to costs.
Law Points
- Interim relief granted in the nature of final relief
- Rule made absolute in terms of interim order
- Parity principle applied
Case Details
2017 LawText (BOM) (01) 135
Writ Petition No.4734/2005, Writ Petition No.4739/2005, Writ Petition No.4571/2005
Smt. Vasanti A. Naik, V. M. Deshpande
Mr. R. S. Suryawanshi h/f Mr. R. N. Ghuge for petitioners; A.G.P. for respondent nos. 1 and 2
Late Babasaheb Varhade Shikshan Sanstha, Amravati; Nanibai Shikshan Mahavidyalaya, Amravati; Jijau Shikshan Samiti, Yavatmal; Jijau Shikshan Mahavidyalay, Yavatmal
State of Maharashtra; Shikshan Shulka Samiti For Higher Technical Education Institution
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Nature of Litigation
Writ petitions challenging actions of State and Fee Committee regarding fee regulation for educational institutions
Remedy Sought
Petitioners sought similar relief as granted in Writ Petition No.2350/2005
Filing Reason
Dispute over fee regulation by respondents
Previous Decisions
Writ Petition No.2350/2005 was disposed on 03.05.2016, holding interim relief as final relief and rule made absolute in terms of interim order
Issues
Whether the petitioners are entitled to the same relief as in Writ Petition No.2350/2005 on parity
Submissions/Arguments
Petitioners argued that their case is identical to Writ Petition No.2350/2005 and sought similar relief
Respondents did not oppose the parity argument
Ratio Decidendi
Where interim relief granted in a similar petition is treated as final relief, the same order should be passed in other identical petitions on the principle of parity.
Judgment Excerpts
It is held in the said order that the interim relief granted in the said writ petition was in the nature of final relief and, therefore, rule was made absolute in terms of the interim order.
A similar order needs to be passed in this writ petition on parity.
Procedural History
Petitions filed in 2005; at admission stage, rule issued and interim relief granted; Writ Petition No.2350/2005 disposed on 03.05.2016; present petitions heard and disposed on 04.01.2017.
