Bombay High Court
Akhtar Hashim Shaikh And Ors vs State Of Maharashtra Thru Addl. ... on 21 May, 2021
Bench: S.J. Kathawalla, Surendra Pandharinath Tavade
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12319 OF 2019
Akhtar Hashim Shaikh and Ors. ... Petitioners
versus
State of Maharashtra and Ors. ... Respondents
Mr. Sandeep Dere, for Petitioners.
Mr. Manish Pable, AGP, for State.
CORAM: S.J. KATHAWALLA &
SURENDRA P. TAVADE, JJ.
(VACATION COURT THROUGH VIDEO
CONFERENCING)
DATE: 21st MAY, 2021
P.C.:
1. It is submitted on behalf of the Petitioners that they appeared in the Limited
Departmental Competitive Examination ('LDCE') of 2011 for the post of Police Sub
Inspectors, but could not be selected since the reservation in promotions was made
applicable; this Court by its Judgment dated 4 th August, 2017 in Civil Writ Petition
No.2797 of 2015 struck down the reservation in promotions and issued directions to
take necessary steps by way of corrective measures in respect of promotions already
granted. The Respondent No.1 has already implemented the said Judgment passed by
this Court in respect of the candidates who appeared in the LDCE held in the year
2016, i.e. with respect to those who are junior to the Petitioners, but not with regard
to the Petitioners who appeared in the LDCE held in 2011. One of the candidates had
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filed Writ Petition (St) No.97384 of 2021 before this Court, and by an Order dated 22 nd
April, 2021, this Court had directed the Respondent to include the petitioner therein,
to undergo training for the post of Police Sub Inspector which was to commence from
26-04-2021, (and which is now scheduled to commence from 21 st June, 2021), being
Batch No.119.
2. The Learned Advocate for the Petitioners states that the Petitioners are
similarly placed and are at par with the Petitioner in Writ Petition (ST) No.97384 of
2021. Therefore, the Petitioners be included in the training session for the post of
Police Sub Inspector in Batch No.119.
3. The above Writ Petition was before us on 19 th May, 2021 when the Learned
AGP sought time on the ground that he has to confirm whether the Petitioners are
similarly placed with the Petitioner in Writ Petition (ST) No.97384 of 2021. Today,
the Learned AGP once again seeks time on the same ground. We are not inclined to
accede to his request and proceed to pass the following Order :
(i) Respondent No.1 shall within a period of one week from today ascertain
whether the Petitioners are similarly placed with the Petitioner in Writ Petition (ST)
No.97384 of 2021, and if they are found to be similarly placed, they shall be included
in the training session for the post of Police Sub Inspector in Batch No.119, which
training is scheduled to commence on and from 21 st June, 2021. It is clarified that all
rights and contentions of the parties are kept open, in case they are required to be
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addressed at the time of hearing of the above Writ Petition.
4. Stand over to 14th June, 2021. To be placed along with Writ Petition (ST)
No.97384 of 2021.
( SURENDRA P. TAVADE, J. ) ( S.J.KATHAWALLA, J. )
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