Sewayog Wahan Surksha Va Bahuuddeshiya ... vs State Of Maha. Thr. Secretary, Dept. Of ...
2024 Latest Caselaw 23808 Bom

Bombay High Court

Sewayog Wahan Surksha Va Bahuuddeshiya ... vs State Of Maha. Thr. Secretary, Dept. Of ... on 13 August, 2024

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

2024:BHC-NAG:8923-DB

                                                  1                         WP-1113-2022.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH, NAGPUR
                                      Writ Petition No.1113 of 2022
                  [Sewayog Wahan Surksha Va Bahuuddeshiya Sanstha, through its
                 President Shri P.R. Dighe VERSUS State of Maharashtra and others]
            Office Notes, Office Memoranda of Coram,
            appearances, Court's orders of directions             Court's or Judge's order
            Registrar's orders.
            Shri A.M. Sudame, Counsel for Petitioner.
            Shri N.R. Patil, Assistant Government Pleader for Respondent Nos.1 to 3.
            Shri D.T. Shinde, Counsel for Respondent No.5.
            Shyri P.D. Meghe, Counsel for Respondent No.6.

                      CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

DATE : 13th AUGUST, 2024

P. C. :

1. Heard.

2. Consequent to the last order dated 9-8-2024, Shri N.R. Patil, learned Assistant Government Pleader for the respondent Nos.1 to 3, and Shri P.D. Meghe, learned counsel for the respondent No.6, submit that, of course, the judgment delivered at the Aurangabad Bench in Writ Petition No.8247 of 2019 (Raje Sambhaji Bahuuddeshiya Sevabhavi Sanstha Versus The State of Maharashtra and others) on 8-11-2023, referred to in the aforesaid order, will govern the present proceedings.

3. Shri Patil, learned Assistant Government Pleader, submits that in view of the observations made in Paragraphs 17, 18 and 19 of the said judgment (cited supra), this Court can quash and set aside the impugned communication dated 3-5-2019, however the respondent-Authorities may be permitted to scrutinize the proposal forwarded by the petitioner in relation to the appointment.

2 WP-1113-2022.odt

4. There appears to be no dispute about the leverage being given to the respondent-Authorities of scrutinizing the proposal in view of the observations made in Paragraphs 17, 18 and 19 of the said judgment (cited supra).

5. In that view of the matter, we deem it appropriate to dispose of the present petition in terms of the judgment of the Aurangabad Bench delivered in Writ Petition No.8247 of 2019 on 8-11-2023.

6. The time period fixed in Paragraph 19 of the said judgment shall govern the present proceedings.

7. The petition stands partly allowed. No costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR

Signed by: Prashant D. Lanjewar Designation: Senior Pvt. Secretary Date: 14/08/2024 10:40:09