Shri. Nilesh Kishorraoji Dhongde ... vs The State Of Maharashtra,Thr. Its ...
2021 Latest Caselaw 14853 Bom

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR


                     WRIT PETITION NO.1213 OF 2021


1)   Shri Nilesh Kishorraoji Dhongde,
     aged about 20 years, occupation :
     service, r/o at Post Allipur, Taluq
     Hinganghat, District Wardha.

2)   Shri Pramod Padmakar Derkar,
     aged about 26 years, occupation :
     service, r/o Shraddhanagar, Ward
     No.1, Tukum, Chandrapur.

3)   Mohsin Abdul Majid Shaikh,
     aged about 30 years, occupation :
     student, r/o at Post Bagadkhidki,
     Raja Chowk Ward, Chandrapur.

4)   Shri Ramchandra Antuji Bawane,
     aged about 32 years, occupation :
     student, r/o Ravi Nagar, Nagpur.

5)   Shri Ajay Raghunath Jadhav,
     aged about 24 years, occupation :
     student, r/o Markalmetha,
     Taluq Jiwti, District Chandrapur.

6)   Shri Pravin Ananta Bawale,
     aged about 26 years, occupation :
     student, r/o Nanak Pathar,
     Taluq Jiwti, District Chandrapur.

7)   Shri Pradeep Shesherao Bawale,
     aged about 29 years, occupation :
     student, r/o Nanak Pathar,
     Taluq Jiwti, District Chandrapur.

8)   Shri Avinash Raosaheb Pawar,
     aged about 24 years,
     occupation : student, r/o Paldoha,




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     at Post Tekamandwa, Taluq Jiwti,
     District Chandrapur.                                 ...     Petitioners

                - Versus -

1)   The State of Maharashtra, through its
     Secretary, Sports and Youth Services
     Department, Mantralaya, Mumbai-32.

2)   Commissioner of Sports and Youth
     Services, Maharashtra State,
     Shiv Chhatrapati Krida Sankul,
     Mhalunge, Balewadi, Pune.

3)   Deputy Director of Sports and Youth
     Services, Nagpur.

4)   Maharashtra Association for Canoeing
     and Kayaking, through its Secretary,
     having its office at Shirsam, at
     Post Makhani, Taluq Gangakhed,
     District Parbhani - 431514.                    ...         Respondents
                -----------------
Shri S. Bhende, Advocate for petitioners.
Smt. K.S. Joshi, I/c. Government Pleader for respondent nos.1 to 3.
                ----------------

                                CORAM : SUNIL B. SHUKRE AND
                                        ANIL S. KILOR, JJ.

DATED : OCTOBER 11, 2021

ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

Heard Shri Bhende, learned Counsel for the petitioners, and

Smt. Joshi, learned I/c. Government Pleader for the respondent

nos.1 to 3.

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2)     Rule, returnable forthwith. Heard finally by consent of the

learned Counsel appearing for the parties.

3) The contention of the petitioners is that their sports eligibility

certificates have been cancelled by passing non-speaking and

unreasoned orders and that too, not on final consideration of the

material available, but only upon prima facie consideration thereof,

which is not permissible in law.

4) Smt. Joshi, learned I/c. Government Pleader for the

respondent nos.1 to 3, states that an alternate remedy in the nature

of appeal before the Joint Director, Directorate of Sports and Youth

Services, Pune has been provided and the petitioners are well aware

of it as they were informed about existence of remedy of appeal vide

impugned communications.

5) A bare perusal of the impugned communications does show

that remedy of appeal is available and it would be appropriate that

this petition is sent to the Joint Director, Directorate of Sports and

Youth Services, Pune treating it as an appeal, for appropriate

decision. Accordingly, the petition is partly allowed. The Joint

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Director, Directorate of Sports and Youth Services, Pune is directed

to treat this petition as an appeal filed before him and decide the

same in accordance with law, after giving due opportunity of

hearing to the petitioners, within two weeks from the date of

appearance of the petitioners. The petitioners to appear before the

Joint Director, Directorate of Sports and Youth Services, Pune on

25th October, 2021. Rule accordingly. No costs.

           JUDGE                                              JUDGE




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