Vikrant Deepak Karatkar vs The Secretary, Mah. Public ...
2021 Latest Caselaw 6630 Bom

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                                                                                  7.WP.2811.2019 .doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 2811 OF 2019

Vikrant Deepak Karatkar                                           ...Petitioner
      Vs.
The Secretary, Maharashtra Public
Service Commission & Ors.                                         ...Respondents

Dr. Abhinav Chandrachud a/w Adv. Vinod Sangvikar, Vaishanvi Gholave & Adv. Shakuntala Sangvikar for the Petitioner.

Smt. A. A. Purav, AGP for the State.

                                     CORAM :         A. A. SAYED &
                                                     MADHAV JAMDAR, JJ

                                     DATED :         22nd APRIL, 2021
                                                     (Through VC)

P.C.:

The Petitioner has impugned the order dated 23 rd January, 2019 of

the Maharashtra Administrative Tribunal (MAT) whereby his Original

Application has been dismissed.

2. The Petitioner had applied for the post of the Police Sub-Inspector

under the sports persons category pursuant to an advertisement dated

07.12.2016 for flling up 750 vacancies, 5% which were reserved for

sports persons belonging to open category. It is not in dispute that the

Petitioner had cleared his written examinations as well as the physical

examination and had appeared for the interview.

3. Learned Counsel for the Petitioner submitted that by virtue of the

Corrigendum dated 10.10.2017 to the GR dated 01.07.2016 and GR

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7.WP.2811.2019 .doc

dated 16.11.2017, the Petitioner would be eligible under the sports

persons category. The GR dated 16.11.2017 interalia states that the GR

dated 01.07.2016 would apply even in respect of pending selection

process to any public posts where the fnal results are not declared.

4. The Original Application has been rejected by the MAT only on the

ground that the Sports Validity Certifcate was not submitted in time i.e.

prior to 01.06.2017. It is seen that after the issuance of the

Corrigendum dated 10.10.2017 to the GR dated 01.07.2016, the

Petitioner has been issued the Sports Validity Certifcate of the

Competent Authority on 13.10.2017 (annexed at page no. 85 of the

Petition). The Sports Validity Certifcate dated 13.10.2017 refects that

the Petitioner is also entitled under the Group-B post. The Judgment of

the Division Bench of the Delhi High Court in Bal Kishan Yadav vs. UOI,

2014 SCC Online Del 6913 relied upon by learned Counsel for the

Petitioner supports the case of the Petitioner.

5. Having regard to the facts and circumstances of the case, without

prejudice to the rights and contentions of the parties and accepting the

statement of learned Counsel for the Petitioner that the Petitioner would

not claim any equities on the basis of the order, we direct the

Respondents to permit the Petitioner to undergo training, which is

scheduled to begin on 26th April, 2021 and to include name of the

Petitioner in the list of the candidates who are to undergo such training.

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                                                                         7.WP.2811.2019 .doc

6. List the Petition on 14th June, 2021 for directions.

7. All concerned to act on the authenticated copy of this order.

       (MADHAV JAMDAR, J.)                       (A. A. SAYED, J.)




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