Gokul Ramrao Gavli vs The State Of Maharashtra And ...
2021 Latest Caselaw 11046 Bom

                                      1


                    IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                   1080 WRIT PETITION NO.8132 OF 2021

                         GOKUL RAMRAO GAVLI
                                  VERSUS
               THE STATE OF MAHARASHTRA AD OTHERS
                                     ...
              Advocate for Petitioner : Mr. Jadhavar Pratap V.
              AGP for Respondents 1 to 3 : Mr. K.N. Lokhande
                                     ...

                               CORAM : S.V. GANGAPURWALA &
                                       R.N. LADDHA, JJ.

DATED : 13/08/2021.

PER COURT :

. The learned counsel submits that the petitioner is

selected for the post of Senior Clerk, however, the appointment

order is not issued only on the ground that the validity certificate

has not been issued by the Committee. The validation proceeding

is pending. The employer had only forwarded the proposal for

validation. The petitioner relies on the Government Resolution

dated 12.12.2011 and clause 16 of the advertisement.

2. The learned A.G.P. submits that, as the validity is not

produced, the appointment order cannot be issued.

3. The petitioner also relies on the judgment of the

Division Bench of this Court in Writ Petition No.5882/2016 dated

03.08.2016.

4. Considering the Government Resolution dated

12.12.2011 and clause 16 of the advertisement pursuant to which

the petitioner is selected and the fact that the validation

proceeding is pending, the respondents shall consider the claim of

the petitioner for provisional appointment and shall not refuse to

appoint the petitioner provisionally, if the petitioner is otherwise

eligible only on the ground that validation proceeding is pending.

5. The further steps can be taken by the respondents

depending upon the judgment that would be delivered by the

Committee in the validation proceeding. The Committee shall

decide the validation proceeding expeditiously and preferably

within a period of six (06) months from the date of appearance of

the petitioner before the Committee. The petitioner shall appear

before the Committee on 30.08.2021.

6. Writ Petition is disposed of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/