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2026 DAILYLAW 19240 (BOM)

SWATI GOPALRAO PAWAR v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

CA/11404/2026 · 2026-10-06

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Judgment text

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1 912-CA 11404-2026+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11404 OF 2026 IN WRIT PETITION NO. 723 OF 2015 Dr. Swati Gopalrao Pawar .. Applicant Versus The State of Maharashtra Through its Secretary And Others .. Respondents WITH WRIT PETITION NO. 723 OF 2015 Dr. Swati Gopalrao Pawar .. Petitioner Versus The State of Maharashtra Through its Secretary And Others .. Respondents AND CIVIL APPLICATION NO. 11407 OF 2026 IN WRIT PETITION NO. 722 OF 2015 Dr. Sanjay Prasad Biradar .. Applicant Versus The State of Maharashtra Through its Secretary And Others .. Respondents WITH WRIT PETITION NO. 722 OF 2015 Dr. Sanjay Prasad Biradar .. Petitioner Versus The State of Maharashtra Through its Secretary And Others .. Respondents 2026:BHC-AUG:47178-DB 2 912-CA 11404-2026+.odt Mr. V. B. Deshmukh, Advocate for Applicants/Petitioners. Mr. N. S. Tekale, AGP for Respondents-State. CORAM : KISHORE C. SANT AND JITENDRA JAIN, JJ. DATE : 06th OCTOBER, 2026. PER COURT :- IN CIVIL APPLICATIONS : 1. Heard learned advocate for the applicants and learned A.G.P. for the respondents. 2. These civil applications are filed seeking restoration of the writ petitions which were dismissed in default for non removal of office objections. There is delay of 2380 days caused in filing the civil applications. The applicants are now ready to remove all the office objections within two weeks from today. 3. For the reasons stated in the application, delay stands condoned. Office to allow the applicants to remove all office objections within two weeks from today. After removal of office objections, the writ petitions shall stand restored to its original position. 4. The civil applications stand disposed of. 3 912-CA 11404-2026+.odt IN WRIT PETITIONS : 1. Both these writ petitions are filed by the Medical Officers who are in service either in the Government, Semi Government and Local Government. They have challenged the Government Resolution dated 07.08.2012 whereby they are allowed only to accept the non practicing allowance and restriction is put upon them that they shall not conduct private practice. This Court has already decide the Writ Petition No. 6549/2026 alongwith other connected petitions on 30.07.2026 whereby this Court has upheld the clauses of the Government Resolution dated 07.08.2012. 2. These petitions can conveniently be disposed of in view of judgment dated 30.07.2026 passed in Writ Petition No. 6549/2026 alongwith other connected petitions. It is informed that now, S.L.P. (C) No. 28560/2026 is filed and is pending before the Hon’ble Apex Court wherein, the interim relief which is extended by this Court is continued. The petitioners cases will be covered by the judgment that would be rendered in the S.L.P. (C) No. 28560/2026 by the Hon’ble Apex Court. 3. Considering above, the writ petition stands disposed of. 4 912-CA 11404-2026+.odt 4. The interim relief to continue till such period the Hon’ble Apex Court has granted protection in the S.L.P.’s in continuation. ( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. ) P.S.B.