Bombay High Court
Harshad Mahadeorao Burbure vs State Of Maha. Thru. Secty. And 5 ... on 4 January, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
Judgment WP No. 6545.2006.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6545 OF 2006
Harshad Mahadeorao Burbure,
Aged : 26 years, Occupation : Nil
R/o Ranade Plot, Radha Krupa Chowk, .. Petitioner
Ward No.30, Wardha
Versus
1) State of Maharashtra,
Through Secretary Ministry of Sports and
Education, Mantralaya, Mumbai - 32
2) The Director of Sports and Youth Services,
Maharashtra State, Pune
3) The District Collector and Chairman Selection
Committee, Wardha
.. Respondents
4) The Chief Executive Officer,
Zilla Parishad, Wardha
5) The District Live Stock Development Officer,
Zilla Parishad, Wardha
6) Mr. Kiran Bharat Amrutkar,
Aged : Major,
R/o Madani (Dindoda) Dist. Wardha.
Mr. A. K. Waghmare, Advocate for petitioner.
Ms. S. S. Jachak, AGP for respondents Nos.1 to 3.
Mr. J. S. Mokadam, Advocate for respondent Nos.4 and 5.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 04/01/2022
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Judgment WP No. 6545.2006.odt
ORAL JUDGMENT (Per Sunil B. Shukre, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of the learned counsel for the parties present
before the Court.
(2) It is seen that the petitioner who was selected as
suitable candidate for being appointed to the post of Live Stock
Supervisor (Group 'C' post) from sports quota, was later on, during
document verification, found to be ineligible, as it was found by the
Director of Sports and Youth Services, Maharashtra State i.e.
respondent No.2 that the tournament organized by Wardha District
Throw Ball Association for Maharashtra State Throw Ball
Championship in which the petitioner obtained Gold Medal, was
organized by an Association not affiliated to Maharashtra Olympic
Association which was the necessary requirement of the Government
Resolution dated 30/04/2005. However, this very Government
Resolution, as pointed out by learned counsel for the petitioner
prescribes that decision in this regard has to be taken on the basis of
verification report given by none other than the Director of Sports and
Youth Services, Maharashtra State himself and after obtaining prior
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Judgment WP No. 6545.2006.odt
consent of Sports Department and General Administration
Department. Relevant provision in this regard has been made in
paragraph 7(4) of the Government Resolution dated 30/04/2005.
(3) In this case, admittedly, or at least as seen from the
stand taken in the reply as well as the impugned order, prior consent
of Sports Department and General Administration Department has not
been obtained before the petitioner was declared to be ineligible. It is
also seen that the Director of Sports and Youth Services, Maharashtra
State has not submitted his report as required by Government
Resolution dated 30/04/2005, at least it is not referred to in the reply
filed on behalf of any of the respondents and its copy has not been
filed on record. Therefore, the decision declaring the petitioner
ineligible for filling the sportsman quota for the post of Live Stock
Supervisor is bad-in-law and it deserves to be quashed and set aside.
(4) The Petition is therefore, partly allowed. The
impugned decision is hereby quashed and set aside.
The matter is remanded back to respondent Nos.1
and 2 for fresh decision in accordance with law in the matter, within a
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Judgment WP No. 6545.2006.odt
period of two months from the date of this order.
The petitioner is directed to submit the original
certificate to the respondent No.2, if returned to him by respondent
Nos.2 and 3. The petitioner is at liberty to place before the respondent
No.2 documents in proof of Maharashtra Throw Ball Association or
Wardha District Throw Ball Association having been affiliated to
Maharashtra Olympic Association.
Rule accordingly. No costs.
[ANIL L. PANSARE, J.] [ SUNIL B. SHUKRE, J.]
KOLHE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:06.01.2022
17:28
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