Bombay High Court
Sunil Chintaman Patil And Anr vs The State Of Maha. Thr. Addi. Chief ... on 13 April, 2023
Bench: Sandeep V. Marne
(19 & 42)-WP-13227-18 & group matters.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
BALAJI
GOVINDRAO
WRIT PETITION NO.13227 OF 2018
BALAJI
GOVINDRAO PANCHAL
PANCHAL Date:
2023.04.17
10:46:48
+0530 Mr. Santosh Bapurao Rathod & Ors. ..Petitioners
Versus
The State of Maharashtra & Ors. ..Respondents
WITH
WRIT PETITION NO.16025 OF 2022
Dattatray Maruti Bansude & Ors. ..Petitioners.
Versus
The State of Maharashtra & Ors. ..Respondents
WITH
WRIT PETITION NO.10136 OF 2022
Sarala Prakash Pardhi ..Petitioner.
Versus
The State of Maharashtra & Anr. ..Respondents
WITH
WRIT PETITION NO.14333 OF 2022
Sandip Laxman Patil & Ors. ..Petitioners.
Versus
The State of Maharashtra & Ors. ..Respondents
WITH
WRIT PETITION NO.13970 OF 2022
Sandip Bapu Fulpagare & Ors. ..Petitioners.
Versus
The State of Maharashtra & Ors. ..Respondents
WITH
WRIT PETITION NO.2010 OF 2023
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(19 & 42)-WP-13227-18 & group matters.doc.
Sunil Chintaman Patil & Anr. ..Petitioners
Versus
The State of Maharashtra & Ors. ..Respondents
WITH
WRIT PETITION NO.2011 OF 2023
Prakash Hiraman Mahajan ..Petitioner
Versus
The State of Maharashtra & Ors. ..Respondents
Mr. Mangal Bhandari a/w Mangesh Deshmukh, for the Petitioners in WP/
13227/2018.
Mr. Sandeep Dere, for the Petitioners in WP/16025/2022.
Mr. C. T. Chandratre, for the Petitioners in WP/14333/2022.
Mr. Pratap V. Jadhav, for the Petitioner in WP/10136/2022.
Mr. Lakshyaved Ravindra Odhekar, for the Petitioners in
WP/13970/2022.
Mr. Aajay Deshpande, Amacus Curiae in WP/13227/2018.
Mr. P. P. Kakade, GP a/w B. V. Samant, AGP for the State in
WP/13227/2018, WP/10136/2022, WP/14333/2022, WP/13970/2022.
Mr. M. M. Pabale, AGP for the State in WP/16025/2022.
Ms. Vaishali Jagdale, for Respondent Nos.34, 41, 42 & 46 in
WP/13227/2018.
Mr. Anil Sakhare, Senior Advocate for Respondent Nos.160 to 164 in WP/
13227/2018.
Mr. Sushant Valimbe i/by Aarti Nishad & Vedang Kulkarni, for the
Respondent Nos.7 to 11 in WP/14333/2022 & WP/16025/2022.
Mr. Sushant Valimbe i/by Aarti Nishad & Vedang Kulkarni, for the
Respondent Nos.1 to 5 in WP/13970/2022.
Mr. S. C. Naidu a/w Divya Yajurvedi & Pradeep Kumar i/by Pooja
Mankoji, for the Respondent Nos.165 to 168.
Mr. Abhijeet Desai i/by Shrikant Patil, for the Petitioners in
WP/2010/2023 & WP/2011/2023.
Mr. B. V. Samant, AGP for the State in WP/2010/2023 & 2011/2023.
CORAM : S. V. GANGAPURWALA, ACTING CJ &
SANDEEP V. MARNE, J.
DATE : 13th APRIL, 2023
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(19 & 42)-WP-13227-18 & group matters.doc.
P.C.
1. The issue involved in present petitions is about LDCE 2016
for promotion to the post PSI. The total posts were 828, out of which
186 posts were reserved. The same were not in consonance with the
judgment of this Court in Vijay Ghogre's case.
2. It is the submission of Mr. Samant, learned AGP that though
186 vacancies are filled by promoting reserved candidates, 32 reserved
candidates could have been selected in open quota also. So in effect 154
reserved candidates were promoted against the dictum of the division
bench judgment of this Court in the case of Vijay Ghogare. He further
submits that to correct the error 154 candidates from the general
category were additionally promoted and now, no further promotions
need to be effected from general category.
3. According to the respondents/State, the corrective measures
are already undertaken and now there is no question of promoting any
additional general category candidates who secured more marks than
154 reserved category candidates.
4. Some of the petitioners contend that the Government
Resolution was issued on or about 22 nd April, 2019 to accommodate 636
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(19 & 42)-WP-13227-18 & group matters.doc.
candidates pertaining to various selections on similar lines. But the
Government Resolution is set aside by the Tribunal at Aurangabad on or
about 4th March, 2022. The said judgment of Tribunal at Aurangabad was
followed by the Tribunal at Mumbai.
5. When we put across to the learned advocate for the reserved
candidates that reversion of reserved category candidates promoted in
violation of judgment in Vijay Ghogare's case looks eminent, she seeks
time to make submissions in the matter.
6. Stand over to 21st April, 2023.
[SANDEEP V. MARNE, J.] [ACTING CHIEF JUSTICE]
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