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2019 (7) TMI 1936 - BOMBAY HIGH COURTConstitutional validity and vires of a 25th June 2019 amendment to the Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in public services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act 2018 - reservation of seats for Socially and Educationally Backward Classes (SEBC) (Amendment) Act, 2019 - gravamen of Petitions is essentially that the SEBC Amendment Act 2019 attempts to nullify and render void decisions of the Nagpur Bench of the Bombay High Court and of the Supreme Court. HELD THAT:- Where the language of a statute is plain and clear from its literal reading then no process of convoluted reasoning is permissible to arrive at some totally different result. We see no ambiguity at all in the newly introduced sub-clause (ia). It may be a distinct type of entrance test but it is clearly a specified entrance test. It applies to the State quota seats and nothing else. The non obstante provisions cannot be ignored and these non obstante provisions set it apart from all entrance tests covered by sub-clause (1). The phrase is ‘notwithstanding anything contained in clause (1) above’. The mere use of the words ‘notwithstanding any order, judgment or direction of any Court’ does not mean that the State legislature has tried to overrule or render void or nullify by legislature any judgment of any Court. All challenges before the Nagpur Bench of this court and before the Supreme Court were only in relation to postgraduate courses. The Dr Sanjana Narendra Wadewale decision [2019 (5) TMI 1950 - BOMBAY HIGH COURT] was in relation to a notification of March 2019 and was prior to the SEBC Amendment Act or even the SEBC Amendment Ordinance. The findings therein, therefore, cannot form the basis of a challenge to the SEaBC Amendment Act applied to undergraduate admissions. This is all the more so when we find that the Nagpur Division Bench dismissed a later challenge in DR. SAMEER S/O RAJENDRA DESHMUKH AND TWO OTHERS VERSUS THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION & DRUGS, MUMBAI & ORS. [2019 (6) TMI 1677 - BOMBAY HIGH COURT] to the SEBC Amendment Ordinance (although even that challenge was also only in relation to postgraduate admissions). Petition dismissed.
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