Bhogale 20.wp-13064-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13064 OF 2024 Madhukar Nivrutti Aher and ors. … Petitioners Versus The State of Maharashtra and ors. .… Respondents **** Adv. Vaibhav Kulkarni a/w Adv. Prathamesh Deshpande, for the petitioners. Ms. Rupali M. Shinde, AGP for the respondent-State. Adv. Anu C. Kaladharan h/f Adv. Anjali N. Helekar, for respondent No.4-AICTE. Adv. Gunjan Shah i/b. Adv. Sandeep Waghmare, for respondent Nos.6 to 8. **** CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 2nd SEPTEMBER 2026 P.C. : 1. Heard learned counsel for the parties. 2. The learned counsel for the petitioners submits that since an appeal has been filed by the petitioners before the respondent No.5, under instructions he wishes to pursue the appeal before respondent No.5. 1 2026:BHC-AS:36022-DB Bhogale 20.wp-13064-2024.odt 3. The request is opposed by the learned counsel for respondent Nos.6 to 8. According to the learned counsel for respondent Nos.6 to 8 all necessary documents, affidavits and other subsequent events, would reveal that there is no merit in this writ petition. Further, it is submitted that the appeal itself is not maintainable. 4. Considering that the petitioners have filed an appeal before the respondent No.5, we find the request of the petitioners to pursue the appeal reasonable. It is always open for the respondent Nos.6 to 8 to appear in the pending appeal and raise all available objections on merits, including that of the maintainability of the appeal. Respondent Nos.6 to 8 would obviously have the liberty to produce and rely upon the necessary documents, subsequent events as well as the pleadings which according to respondent Nos.6 to 8 support their case. 5. It is made clear that we have not expressed any opinion on the merits of the contentions. Though the Circular dated 26/09/2022 says that the appeal should be decided within thirty days, we request the Appellate Authority to decide the appeal as 2 Bhogale 20.wp-13064-2024.odt expeditiously as possible in terms of the Circular and in any case within a period of ninety days from 08/09/2026 on which date the petitioners as well as respondent Nos.6 to 8 shall appear before the Appellate Authority at 11:00 a.m. 6. Needless to mention the parties can obviously rely on the decisions rendered by the Courts, which shall be duly considered by the Appellate Authority. 7. Keeping all contentions open to be raised before the Appellate Authority, the writ petition is disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) 3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 02/09/2026 17:24:40