Bombay High Court
Govinda Dashrath Pardeshi vs The State Of Maharashtra And ... on 14 March, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1694 OF 2015
Govinda Dashrath Pardeshi
Age: 26 years, occu: nil,
R/o House No.7, Sai Baba Nagar
Nakane Road, Dhule
Taluka and district : Dhule Petitioner
Versus
1 The State of Maharashtra
Through: Secretary,
Education & Sports Department
Mantralaya, Mumbai
2 The Director,
Sports & Youth Services,
Maharashtra State, Pune-1
3 The Commandant,
State Reserve Police Force,
Gat No.6, Mahindale Shivar,
Sakri Road, Dhule
Taluka and District: Dhule
4 Maharashtra Olympic Association
through Its Secretary,
Balasaheb Landge
Secretariat at Annasaheb Magar Stadium
Nehru Nagar, Pimpri, Pune - 18 Respondents
Mr.Sawant Amol S. advocate for the petitioner
Mr.S.M. Ganachari, Assistant Government Pleader for Respondents No.
1&2
_______________
CORAM : R.M. BORDE, & P.R. BORA, JJ
( Date : 14th MARCH, 2016.)
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ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard.
2 Rule. With the consent of the parties, petition is taken up
for final disposal at admission stage.
3 The petitioner is praying for quashment of the
communication issued by the Deputy Director of Sports & Youth
Services, Maharashtra State, Pune, addressed to the Assistant
Commandant, State Reserve Police Force, Dhule dated 16.8.2014,
recording therein that, since the Indian Olympic Association has
de-recognized the sports event since February, 2011, the sports
certificate issued in favour of the petitioner cannot be considered
for holding him eligible to secure employment in Class 'C'
category.
4 The petitioner claims to have participated in the 34th State
Level Karate Championship held on 9th and 10th February, 2013
and secured third rank in order of merit. A certificate regarding
his participation has been issued by the competent authority,
which has been relied upon by the petitioner for securing
employment under State Government in Class 'C' category.
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5 The issue raised in the instant petition is also the same as
was involved in the Writ Petition No.10280 of 2015 (Vinod
Khandoji Bhandare V/s State of Maharashtra and others) which
was decided by division Bench of this Court on 21.12.2015 of
which one of us i.e. Shri Justice P.R. Bora was one of the
Members.
6 The petitioner in Writ Petition No.10280 of 2015 had also
participated in the same event in which the petitioner also claims
to have participated and an identical order passed by respondent
was subjected to challenge in the aforesaid writ petition. While
disposing of the writ petition, division bench in para No.14 of the
Judgment has observed as quoted below.
"14 Considering the documents filed by the petitioner and
in absence of any contrary evidence it has to be held that at
the relevant time i.e. In the year 2013 and more particularly,
during the period in which the 34th Maharashtra State Karate
Championship, 2013 competitions were held, the
Maharashtra Karate Association was affiliated to Maharashtra
Olympic Association. Secondly, as we have discussed herein
before, the Government Resolution dated 30th April, 2005
does not prescribe any such condition that such a State
Organization should be approved or affiliated to Indian
Olympic Association. "
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7 For the reasons recorded while disposing of writ petition
No.10280/2015, the instant petition also deserves to be allowed
and same is accordingly allowed.
8 The communication dated 16.8.2014 issued by the Deputy
Director of Sports & Youth Services is quashed and set aside. It
would be open for the respondents to consider the claim of the
petitioner on merits, for employment in Class 'C' category in
accordance with law, if the petitioner fulfills other necessary
requirements.
9 Rule is made absolute accordingly.
10 There shall be no order as to costs.
(P.R. BORA, J) (R.M.BORDE, J)
vbd
