National Center For Rural ... vs The Secretary To The Governor Of ...
2023 Latest Caselaw 3647 Bom

                                       1                              907-WP-2336-2023.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR
                            WRIT PETITION NO. 2336 OF 2023
(National Center for Rural Development (NCRD), Nagpur Vs. The Secretary to the Governor of
                                   Maharashtra & Ors.)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                  Court's or Judge's order
and Registrar's orders.
        Shri A.R. Deshpande, Advocate for the petitioner.
        Shri A.A. Madiwale, Assistant Government Pleader for the respondents/ State.

        CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATE : APRIL 12, 2023

Challenge raised is to the Notification dated 9/6/2014 by which the Hon'ble Governor has been pleased to exercise powers under paragraph 5(1) of the Fifth Schedule to the Constitution of India in the context of Section 4 of the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001. It is submitted that all posts cannot be kept reserved for local Scheduled Tribe candidates. Reliance is sought to be placed on the judgment of the Constitution Bench in Chebrolu Leela Prasad Rao And Others Vs. State of Andhra Pradesh And Others [2021 (11) SCC 401].

2] Issue notice to the respondents returnable in four weeks. 3] The learned Assistant Government Pleader waives notice for the respondents.

        (M.W. CHANDWANI, J.)                     (A. S. CHANDURKAR, J.)

SUMIT