Supriya Dhondibarao Phulware vs The State Of Maharashtra And ...
2021 Latest Caselaw 9705 Bom

                                                            62WP1139
                                       1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       62 WRIT PETITION NO. 1139 OF 2021

                    SUPRIYA DHONDIBARAO PHULWARE
                                VERSUS
                 THE STATE OF MAHARASHTRA AND OTHERS

                  Advocate for Petitioner : Mr. M.V. Ghatge.
            Additional GP for Respondents : Mrs. M.A. Deshpande.

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

DATED : 26.07.2021

PER COURT :

We have heard Mr. Ghatge, learned Advocate for the petitioner

and Mrs. Deshpande, learned Additional Government Pleader for the

respondents.

2. The first selection list wherein the name of the petitioner

appeared underwent a change in view of the order dated 28.08.2019

passed by the Nagpur Bench in Writ Petition No. 4079/2019. The

name of the petitioner does not appear in the second selection list

after the judgment of the Nagpur Bench.

3. Mr. Ghatge, the learned Advocate submits that the respondents

have filled in the post of horizontal reservation first and then the

vertical reservation. As such the name of the petitioner was

62WP1139

excluded. They could not have considered the post of the disabled

first.

4. Learned Additional Government Pleader points out that no

candidate from SC women category is selected possessing less marks

than the petitioner for Marathi subject.

5. In General (women) category also none of the candidates

possessing less marks than the petitioner is selected.

6. The petitioner will have to demonstrate that either the seat

meant for SC women is reduced or a candidate possessing less marks

than the petitioner in general women or SC women category is

selected.

7. Mr Ghatge seeks time to take instructions in the matter and to

make further submission.

8. Stand over to 09.08.2021.

( R.N. LADDHA, J. ) ( S.V. GANGAPURWALA, J. )

S.P.C.