The State Of Maharashtra Through ... vs Gajanan Santosh Chavan
2023 Latest Caselaw 2238 Bom

                                               12-WP-2722-2023 + 4


Pdp
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                WRIT PETITION NO. 2722 OF 2023

      Akshay Ashok Chaudhari & Ors.        .. Petitioners
              Versus
      Government of Maharashtra & Ors.     .. Respondents

                            WITH
                WRIT PETITION NO. 2859 OF 2023

      The State of Maharashtra & Anr.      .. Petitioners
               Versus
      Gajanan Santosh Chavan & Ors.        .. Respondents

                            WITH
                WRIT PETITION NO. 2862 OF 2023

      The State of Maharashtra             .. Petitioner
               Versus
      Yojana Shriniwa Kulkarni & Ors.      .. Respondents

                            WITH
                WRIT PETITION NO. 2891 OF 2023

      Smt. Rohini Bhujang Gaikwad & Ors.   .. Petitioners
               Versus
      The Secretary of Revenue &
      Forest Dept. & Ors.                  .. Respondents

                            WITH
                WRIT PETITION NO. 2861 OF 2023
                       (NOT ON BOARD)

      The State of Maharashtra             .. Petitioner
                Versus
      Rajat M. Agarwal & Ors.              .. Respondents




                                 1
                                                      12-WP-2722-2023 + 4


Mr. Om M. Lonkar a/w Ms. Advaita M. Lonkar for
petitioners in WP/2722/2023.
Dr. Birendra Saraf, Advocate General a/w Mr. P. P.
Kakade, Govt. Pleader a/w Mr. B. V. Samant, AGP
for petitioners in WP/2859/2023.
Mr. V. A. Thorat, Spl. Counsel with Mr. P. P. Kakade,
Govt. Pleader with Mr. B. V. Samant, AGP for
petitioner in WP/2862/2023.
Mr.  Shantanu         Taktate    for   petitioners     in
WP/2891/2023.
Mr. P. P. Kakade, Govt. Pleader a/w Mr. B. V.
Samant, AGP for petitioner in WP/2861/2023.
Mr. B. V. Samant, AGP for State in WP/2722/2023.
Mr. Sayyed Tauseef for respondent nos.3 to 20 in
WP/2722/2023.
Mr. Hassan Khan for respondent nos.21 to 30 in
WP/2722/2023.
Ms. Sabiha Ansari a/w Aisha Shaikh for respondent
nos.1 to 5 in WP/2859/2023 and for respondent
nos.4 to 8 in WP/2891/2023.
Mr. R. P. Kadam, AGP for State in WP/2891/2023.
Mr. Sayyed Tauseef for respondent nos.3 to 7 n
WP/2862/2023.


        CORAM: S. V. GANGAPURWALA, ACTING CJ. &
               SANDEEP V. MARNE, J.

        DATE:     MARCH 8, 2023


P.C.:

1. We have heard the learned Advocate General, learned senior advocate for the petitioners and the learned advocates for the respondents.

2. The Government Resolution dated 23rd December, 2020, issued by State is set aside by the Maharashtra Administrative Tribunal, Mumbai (hereafter 'the Tribunal", for short). The horizon

12-WP-2722-2023 + 4

of the matters is whether the candidates who had originally applied from the Socially and Educationally Backward Class (SEBC) could have been considered from the Economically Weaker Sections (EWS) category. The Tribunal has held that those who had applied from SECBC could not have been considered from EWS category. Reliance is placed on the judgment of the Division Bench of this Court in Vikas Balwant Alase & Ors. vs. Union of India & Ors., reported in (2022) 6 AIR Bom R 383. One of the contentions of the petitioners appears to be that in para 49 of the said judgment, this Court was of the opinion that the candidates, though belonging to SEBC, could have opted from open and/or EWS category. According to the petitioners, those candidates who were possessing SEBC certificate could not have opted at the relevant time from EWS category. Only those candidates who do not belong to any of the reserved categories can only apply from EWS category. According to the learned Advocate General and the learned senior advocate, the same requires reconsideration.

3. The matters would be required to be dealt with finally at the admission stage as the question would be about recruitment. In some cases, the recruitment process for the post reserved for EWS has been stalled, whereas in some cases, the appointments are already made from EWS category and those appointments made also includes some of the candidates who had applied from SEBC category.

4. Place the matters on 30th March, 2023.

5. Till the next date, the position as on today be maintained.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)

Digitally signed by SALUNKE SALUNKE J V JV Date:

2023.03.09 14:45:31 +0530