Shashank S/O Late Anil Ambade And ... vs The State Of Maharashtra, Thr. ...
2024 Latest Caselaw 24214 Bom

Bombay High Court

Shashank S/O Late Anil Ambade And ... vs The State Of Maharashtra, Thr. ... on 16 August, 2024

Author: M.S. Jawalkar

Bench: Avinash G. Gharote, M. W. Chandwani, M.S. Jawalkar

                                                                   1                       19-950-23.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH AT NAGPUR

                                 WRIT PETITION NO. 950/2023

            Shashank S/o Late Anil Ambade and another
                                 Vs.
  The State of Maharashtra, through its Secretary, School Education
                 and Sports Department and others

Office Notes, Office Memoranda                     Court's or Judge's orders
of Coram, Appearances, Court's
orders     or   directions and
Registrar's orders

                                  Mr. S.S. Taram, Advocate for Petitioner
                                  Mr. H.R. Dhumale, AGP for Respondent No.1
                                  Mr. Amey Motlag, Adv. h/f Mr. Vilas Kulsange, Adv. for
                                  Respondent No.3


                                  CORAM:      AVINASH G. GHAROTE AND
                                              SMT. M.S. JAWALKAR, JJ.

DATED : 16th AUGUST, 2024

1. The petition questions the communication dated 26.10.2021 (page 27), by which the name of the petitioner has been removed from the waiting list for the appointment on compassionate ground maintained by the respondent No.3, on the ground, that the petitioner has attained 45 years of age. It is contended, that substitution is permissible in view of what has been held by the learned Full Bench of this Court in the case of Kalpana Wd/o Vilas Taram and others Vs State of Maharashtra and others in Writ Petition No.3701/2022 and connected petition, in view of 2 19-950-23.odt

which, the impugned communication dated 26.10.2021 is hereby quashed and set aside and the respondent No.4 is directed to consider the application filed by the petitioner dated 05.04.2021, for substitution in terms of the judgment of Kalpana Wd/o Vilas Taram Vs State of Maharashtra and others (supra).

2. The petition is accordingly allowed in the above terms. No costs.

(SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.)

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 16/08/2024 18:20:45