Bombay High Court
76 Padave Suraj Santosh vs The State Of Maharashtra on 12 August, 2010
Bench: P. B. Majmudar, R. M. Savant
1 WRIT PETITION No.7413 OF 2002
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7413 OF 2002
1 Harishchandra Tukaram Ture ]
age 28 years R/o Kharpale ]
Post Kharpale, Dist.Raigad ]
]
2 Rajendra Maruti Patil ]
age 28 years, Residing at Ranjankhar ]
Taluka Alibaug, Dist.Raigad. ]
]
3 Suhas Kamlakar Wavekar ]
age 23 years, Residing at Tala, ]
Tal.Tala, District : Raigad
ig ]
]
4 Krishna Tukaram Naik ]
age 24 years, Residing at Amtem, ]
Tal. Pen, District Raigad ]
]
5 Uday Damodar Mhatre, ]
age 24 years, Residing at Dhaulpada, ]
Tal. Pen, District Raigad. ]
]
6 Narendra Ramchandra Patil, ]
age 28 years, Residing at Pale ]
Post Vashani, Tal.Uran Dist.Raigad ]
]
7 Vijay Vithoba Patil ]
age 27 years, Residing at Vashani ]
Tal.Vashani, Dist.Raigad ]
]
8 Neeta R Mhatre ]
age 23 years, R/at Navegaon ]
Post Tolvi, Tal. Pen, Dist.Raigad ]
]
9 Mangesh Gopal Mhatre ]
age 25 years, R/at Potebhal ]
Post Vadhav, Tal. Pen, Dist.Raigad ]
]
10 Shilpa Shankar Dubale ]
age 24 years, Residing at Indapur ]
Tal.Mangaon, District Raigad ]
]
11 Manish Sadanand Thakur ]
age 34 years, Residing at Kopar ]
Post Kamarli, Tal.Alibaug, Dist.Raigad ]
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2 WRIT PETITION No.7413 OF 2002
12 Ajay Pandurang Kamble ]
age 24 years, Residing at Tala ]
Tal.Tala, District Raigad ]
]
13 Naresh Khandu Tamboli ]
age 23 years, Residing at Amkem ]
Tal.Pen, District Raigad ]
]
14 Suresh Bhiku Naik ]
age 29 years, Residing at Amkem ]
Tal.Pen, District Raigad ]
]
15 Lokesh Ramdas Mhatre ]
age 24 years, Residing at Vashi ]
Tal.Pen, District Raigad ]
ig ]
16 Mrs.Bhavana Bhalchandra Patil ]
age 28 years, Residing at Kurdus ]
Tal. Alibaug, District Raigad ]
]
17 Ramchandra Namdeo Patil ]
age 25 years, Residing at Shukhapur ]
Tal.Panvel, District Raigad ]
]
18 Mahindra Mahadev Yadav ]
age 31 years R/o At and Post Mangaon ]
Vishweshar Nagar, Mangaon, Raigad ]
]
19 Suchita Moreshwar Nikam ]
age 30 years ]
R/o At and Post Pali Sudhagad ]
District Raigad ]
]
20 Ranjana Shankar Konde ]
age 26 years ]
R/o At and Post Kharavali ]
Taluka Mangaon, Raigad ]
]
21 Jadhav Vidya Gangaram ]
age 27 years ]
R/o At and Post Saikond ]
Taluka Mangaon, Raigad ]
]
22 Thakur Jyoti Manohar ]
age 27 years ]
R/o Rudravali, Post Talashet ]
Taluka Mangaon, Raigad ]
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3 WRIT PETITION No.7413 OF 2002
]
23 Malusare Kalpesh Dattatray ]
age 30 years ]
R/o At and Post Mangaon ]
Vikascolony, Mangaon, Raigad ]
]
24 Mehta Gitanjali Ramesh ]
age 26 years ]
R/o At and Post Goregaon ]
Taluka Mangaon, Raigad ]
]
25 Patil Rekha Giridhar ]
age 33 years ]
R/o At and Post Kolad ]
(Ambewadi Naka) ]
Taluka Roha, Raigad ig ]
]
26 Bhagat Mahisha Balu ]
age 29 years ]
R/o At and Post Goregaon ]
Taluka Mangaon, Raigad ]
]
27 Yesare Premala Pandurang ]
Age 29 years, ]
R/o At and Post Talshet ]
Taluka Mangaon, Raigad ]
]
28 Ghadage Mandakini Bhagwan ]
age 29 years ]
R/o At and Post Bhalgaon ]
Tal. Roha Raigad. ]
]
29 Parvalkar Pandurang Sakharam ]
age 28 years ]
R/o At and Post Ambewadi ]
Post Kolad, Tal. Roha ]
District Raigad. ]
]
30 Sutar Nayana Suresh ]
age 26 years ]
R/o At and Post Chochinde ]
Post Tal. Mahad, Raigad ]
]
31 Bhoir Atul Dattatraya ]
age 27 years ]
R/o At and Post Pali ]
(Limayewadi) Raigad ]
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4 WRIT PETITION No.7413 OF 2002
32 Kavathekar Seema Dnyaneshwar ]
age 30 years ]
R/o At and Post Ware ]
Post Kalam, Tal. Karjat ]
Raigad ]
]
33 Basare Maya Yashwant ]
age 29 years ]
R/o Varad C.H.S. Ltd. ]
Post Budruk, Tal Karjat, ]
District Raigad. ]
]
34 Sonavane Vijaya Narayan ]
age 28 years ]
R/o. 102, Shramsafalya ]
Rajendraguru Nagar, At and Post Neral ]
Karjat, Raigad. ig ]
]
35 Gaikar Rashmi Sakharam ]
age 29 years ]
R/o At Josranjan Post Shingre ]
Tal.Murud, District Raigad ]
]
36 Thakur Surekha Kisan ]
age 29 years ]
R/o At Pezari, Navin Vasahat ]
Post Poynad, Alibag Raigad ]
]
37 Shinde Meghana Chandrakant ]
age 29 years ]
R/o At and Post Dhatav ]
Talukar Roha, Dist.Raigad. ]
]
38 Satav Vrushali Hanumant ]
age 29 years ]
R/o At Mudre Budruk ]
Post and Tal. Karjat, Raigad ]
]
39 Hiralkar Shrikrishna Ramesh ]
age 27 years ]
R/o At and Post Kolad ]
Tal. Roha, Dist. Raigad. ]
]
40 Mandhare Vikas Tanaji ]
age 32 years ]
R/o At and Post Tal Poladpur ]
District Raigad. ]
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5 WRIT PETITION No.7413 OF 2002
41 Kadam Nilesh Shantaram ]
age 32 years ]
R/o. Karanjkhol, Post and Tal. ]
Mahad, District Raigad ]
]
42 Rajput Jyoti Rajeshing ]
ae 27 years ]
R/o At Goregaon ]
Taluka Mangaon, Raigad ]
]
43 Poynadkar Shalini Maruti ]
age 31 years, ]
R/o Behind Primary Health Post ]
Tal. Poladpur, Dist. Raigad. ]
]
44 Lad Sangita Waman ]
age 31 years ig ]
R/o At and Post Ravalje ]
Taluka Mangaon, Raigad. ]
]
45 Saidane Darpana Bhimrao ]
age 27 years ]
R/o At and Post Talashet ]
Taluka Mangaon, Raigad ]
]
46 Shalini Tukaram Shirke ]
age 32 years ]
R/o At and Post Navghar ]
Lonere, Mangaon, Raigad ]
]
47 Polekar Mahendra Shantaram ]
age 29 years ]
r/o At and post Mandle ]
Tal.Mahad, Raigad ]
]
48 Polekar Prabha Shantaram ]
age 31 years ]
R/o At and Post Mandle ]
Tal. Mahad, Raigad ]
]
49 Jabade Baban Shantaram ]
age 33 years ]
R/o At Gothekhurd, Post Ravdhal, ]
Tal. Mahad, District Raigad. ]
]
50 Gharat Savita Hasuram ]
age 32 years ]
R/o At and Post Dadar ]
Tal. Pen District Raigad. ]
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6 WRIT PETITION No.7413 OF 2002
51 Kasar Sunita Rajaram ]
age 29 years ]
r/o Rajivali, Post Nagaon, ]
Mahad, Raigad. ]
]
52 Ambekar Alpana Ramchandra ]
age 28 years ]
R/o At Khanpale Post Tempale, ]
Tal Mangaon, District Raigad. ]
]
53 Jadhav Manisha Deepak ]
age 30 years ]
R/o Vireshwar Nagar, Mangaon ]
District Raigad. ]
]
54 Bhosale Minakshi Namdev ]
age 29 years ig ]
R/o Padmavati Nagar, ]
Post Kolad, District Raigad ]
]
55 Ghavare Jyoti Baliram ]
age 31 years ]
R/o Post Naneghol Post Wakan ]
Tal.Poladpur, District Raigad ]
]
56 Khadas Sujata Mahadev ]
age 28 years ]
R/o At and Post Khamgaon ]
Tal.Mhasala Dist. Raigad. ]
]
57 Ubhare Sunita Pandurang ]
age 26 years ]
R/o Post Vireshwar Nagar ]
Mangaon, Raigad ]
]
58 Patil Kailas Dattatraya ]
age 31 years ]
R/o At and Post Dadar, ]
Tal.Pen, District Raigad. ]
]
59 Patil Damayanti Dwarkanath ]
age 27 years ]
R/o Post Johe ]
Tal Pen District Raigad ]
]
60 Dhamane Nanda Shankar ]
age 29 years ]
R/o Post Kandne Khurd ]
Post Bhalgaon Tal.Roha Dist.Raigad ]
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7 WRIT PETITION No.7413 OF 2002
61 Mokal Chintamani Janardhan ]
age 27 years ]
R/o At Kalve, Post Johe ]
Tal. Pen District Raigad ]
]
62 Patil Vidyadhar Ragho ]
age 31 years ]
R/o at Kalve Post Johe ]
Tal. Pen District Raigad ]
]
63 Porvi Sarita Anant ]
age 30 years ]
R/o at and Post Dadar ]
Tal.Pen, District Raigad ]
]
64 Patil Gitanjali Atmaram
ig ]
age 27 years ]
R/o At and Post Gadab ]
Tal.Pen, Dist.Raigad. ]
]
65 Patil Swapnaja Ratnakar ]
age 26 years ]
R/o At shirid ]
Tal.Pen, Dist.Raigad ]
]
66 Patil Chhaya Anant ]
at 27 years ]
R/o At and Post Gadab ]
Tal. Pen Dist.Raigad ]
]
67 Patil Sushama Pandharinath ]
C/o P G Patil ]
age 31 years ]
r/o Jamuna Building, ]
1st Floor, Room No.106 ]
Pooja Nagar, Pen, Dist.Raigad. ]
]
68 Joshi Pramod Dhavaji ]
age 31 years ]
r/o At and Post Dadar ]
Tal.Pen, Dist. Raigad. ]
]
69 Mhatre Sunita Nardas ]
age 27 years ]
R/o At and Post Vashi ]
Taluka Pen, Dist. Raigad. ]
]
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8 WRIT PETITION No.7413 OF 2002
70 Patil Suvarna Hiraman ]
age 29 years ]
R/o At and Post Ramwadi ]
Tal. Pen, Dist.Raigad. ]
]
71 Patil Sunita Mukund ]
age 29 years ]
R/o Post Kane, Post Vashi ]
Tal. Pen, Dist. Raigad ]
]
72 Mhatre Sangita Nardas ]
age 30 years ]
R/o Kharsapoli, Post and Tal Pen. ]
District Raigad ]
]
73 Patil Vaishali Chandrakant ]
age 29 years ig ]
R/o Post Kalve, Post Johe ]
Tal.Pen, District Raigad. ]
]
74 Shinde Smita Gajanan ]
age 28 years ]
R/o Post Dharnachi Wadi ]
Post Talashet, Mangaon, Raigad ]
]
75 Dhasade Mangala Balu ]
age 29 years ]
R/o At Bhandare, Post Kavilvahal ]
Mangaon, Raigad ]
]
76 Ambekar Lina Ram ]
age 27 years ]
R/o At and Post Kolad ]
Old Colony, Roha Raigad ]
]
77 Bhori Naina Harishchandra ]
Age 27 years ]
R/o Post Dhondpada ]
Post Koproli, Tal Pen, ]
District Raigad. ]
]
78 Gharat Pragati Haribhau ]
31 years, ]
R/o Post Daver, ]
Tal Pen, Dist. Raigad. ]
]
79 Mhatre Aruna Balkrishna ]
age 32 years ]
R/o At Maleghar, Post Kandhalepada ]
Tal Pen, District Raigad. ]
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9 WRIT PETITION No.7413 OF 2002
80 Patil Ganesh Govind ]
age 29 years ]
R/o At and Post Boapale ]
Alibaug, Raigad. ]
]
81 Jambhale Shivaji Vasudeo ]
age 33 years ]
R/o At Milkhatkhar, Post Saral ]
Tal.Alibaug Dist. Raigad ]
]
82 Patil Sanjivan Laxman ]
age 30 years ]
R/o At and Post Chinchoti ]
Tal.Alibaug Dist. Raigad ]
ig ]
83 Mahale Kranti Ram ]
age 27 years ]
R/o At and Post Ramraj ]
Tal.Alibaug Dist. Raigad ]
]
84 Patil Meena Yashwant ]
age 28 years ]
R/o At Kune, Malyan ]
Tal.Alibaug Dist. Raigad ]
]
85 Bhoir Padma Tanaji ]
age 28 years ]
R/o At Veshale, Post Vavoshi ]
Tal.Khalapur Dist. Raigad ]
]
86 Gaikar Sunil Mahadev ]
age 30 years ]
R/o At Bhonang, Post Sudkoli ]
Alibaug Dist. Raigad ]
]
87 Patil Punam Narayn ]
age 29 years ]
At and Post Kurul ]
Tal.Alibaug Dist. Raigad ]
]
88 Sunkale Manali Milind ]
age 29 years ]
R/o At and Post Thal ]
Tal.Alibaug Dist. Raigad ]
]
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10 WRIT PETITION No.7413 OF 2002
89 Mhatre Jyoti Mukund ]
age 28 years ]
R/o Sagarmala, Post Chaul ]
Alibaug Raigad ]
]
90 Chougule Bharati Anant ]
age 34 years ]
R/o At and Post Murud ]
(Janjirkar Galli) Dist. Raigad ]
]
91 Mokal Agasti Dhondu ]
age 34 years ]
R/o At Phopheri, Post Narangi ]
Alibaug Raigad ]
]
92 Patil Sandip Kamalakar ]
age 30 years ig ]
R/o At Talashet, Post Poynad ]
Alibaug Raigad ]
]
93 Madhavi Santosh Bhaskar ]
age 28 years ]
R/o Ambepur, Post Malyan ]
Alibaug, Raigad ]
]
94 Thombare anita Sakharam ]
age 31 years ]
R/o Milkhatkhar, Post Saral ]
Alibaug, Raigad. ]
]
95 Marawade Manda Sakharam ]
age 29 years ]
R/o At Sutarpada ]
Post Kamarli, Alibaug Raigad. ]
]
96 Patil Bhaskar Ramchandra ]
age 28 years ]
R/o Mendhekhor, Post Poynad ]
Alibaug, Raigad. ]
]
97 Bhagat Manisha Krushna ]
age 31 years ]
R/o 304, Shukratara Bldg. ]
Kamat Ali, Alibaug, Raigad. ]
]
98 Dhasade Surekha Narayan ]
age 33 years ]
R/o Post Kund, Post Malyan ]
Alibaug Raigad. ]
]
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11 WRIT PETITION No.7413 OF 2002
99 Gharat Rina Ramesh ]
age 24 years ]
R/o Post Parthurpada ]
Post Kamarle, Tal Alibaug ]
Raigad. ]
]
100 Mhatre Mangesh Mohan ]
age 31 years ]
R/o At Kavade, Post Hashivare ]
Alibaug, Raigad. ]
]
101 Tavate Rajendra Harishchandra ]
age 25 years ]
R/o Dagadwadi, Tal Roha ]
District Raigad. ]
ig ]
102 Mahadik Vandana Dhondiram ]
age 31 years, ]
R/o At and Post Nagaon ]
Tal. Mangaon, Dist. Raigad. ]
]
103 Gurav Sampada Yashwant ]
age 28 years ]
R/o At Bhayadewadi ]
Friend Circle, Varsoli ]
Alibaug, Raigad. ]
]
104 Vabale Ujwala Devaram ]
age 28 years. ]
r/o At and Post Dhabol ]
Tal Mahad, Dist. Raigad ]
]
105 Mene Shalini Vishwas ]
age 28 years ]
R/o Post Kamat, Post Jamgaon ]
Roha Raigad. ]
]
106 Mohite Hemalata Pandurang ]
age 34 years ]
R/o At Devkane, Post Khamb ]
Roha Raigad. ]
]
107 Patil Mahesh Krushna ]
age 30 years. ]
R/o Mandhava Post Dhokvarde ]
Alibaug Raigad. ]
]
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12 WRIT PETITION No.7413 OF 2002
108 Bhilare Jitendrakumar Mahadev ]
age 31 years ]
R/o Cjhinchavali, Roha Raigad. ]
]
109 Gavade Deepak Pandurang ]
age 31 years ]
R/o At Ranvade, Post Chandore ]
Mangaon Raigad. ]
]
110 Sailkar Vijay Ram ]
R/o At and Post Pali Sudhagad ]
Raigad. ]
]
111 Ayas Abdul Gani Sheikh ]
age 28 years. ]
R/o At and Post Pali ig ]
Sudhagad (Umarkhadi) ]
Raigad. ]
]
112 Vahab Ahmedmiya Mujawar ]
age 31 years ]
R/o At and Post Ramraj ]
Alibaug, Raigad. ]
]
113 Patil Prakash Janardan ]
age 31 years ]
R/o Post Bhonang Post Sudkoli ]
Tal. Alibaug. ]
]
114 Mhatre Tai Harishchandra ]
age 27 years ]
C/o Hiraman Narayn Kokate ]
R/o At Tarshet, Post Bense, ]
Pen Raigad 402106. ]
]
115 Sonavane Ashok Sambhaji ]
age 31 years ]
R/o At Vadgaon, New Colony ]
Pen Raigad. ]
]
116 Kamble Nitin Tatyasaheb ]
age 31 years ]
R/o At and Post Khamb ]
Tal Roha Dist. Raigad. ]
]
117 Lad Vidul Vasudev ]
age 28 years ]
R/o At Phanas Dongari ]
Post and Taluka Pne Raigad. ]
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13 WRIT PETITION No.7413 OF 2002
118 Patil Rajshree Chandrashekhar ]
age 27 years ]
r/o At and Post Karpale ]
Tal. Pen Dist.Raigad. ]
]
119 Virkud Reshma Narayan ]
age 27years ]
R/o At and Post Murud Janjira ]
Bhogeshwar Ali, Raigad Alibaug ]
]
120 Paste Shilpa Shantaram ]
age 31 years ]
R/o At and Post Walvati ]
Tal Shrivardhan Dist. Raigad. ]
]
121 Gharat Parita Ramchandra
ig ]
age 27 years ]
R/o Post Khopade, Post Kotroli ]
Tal. Uran, Dist. Raigad. ]
]
122 Pingale Aparna Madhukar ]
age 27 years ]
R/o At and Post Kurdus ]
Alibaug Raigad ]
]
123 Solkar Ajma Majid ]
age 31 years, ]
R/o Aai Ekvira C.H.S. Ltd. Neral ]
Near Urdu High School, Neral ]
Karjat. ]
]
124 Thakur Mangesh Naga ]
age 30 years ]
R/o At Kharpada, Post Jite ]
Tal Pen Raigad. ]
]
125 Pingale Santosh Madhukar ]
age 30 years ]
R/o at and Post Kurdus ]
Tal Alibaug, Dist. Raigad ]
]
126 Naik Anita Kashinath ]
age 31 years. ]
r/o At and Post Kurul ]
Behind Giriraj Chitbadevi ]
Alibaug Raigad. ]
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14 WRIT PETITION No.7413 OF 2002
127 Patil Sunil Shantaram ]
age 30 years ]
R/o At Nehuli, Post Khandala ]
Alibaug, Raigad. ]
]
128 Raut Swati Shantaram ]
age 27 years ]
R/o At and Post Nagaon, Alibag ]
Raigad. ]
]
129 Naik Ajit Ramchandra ]
age 28 years. ]
R/o At and Post Avas ]
Tal Alibaug Dist. Raigad. ]
]
130 Chavan Dilip Genu ]
age 27 years. ig ]
R/o At and Post Navghar ]
Tal.Sudhagad, Dist. Raigad. ]
]
131 Pande Dipali Dattatraya ]
age 30 years ]
R/o At and Post Mangaon ]
Opp. New S.T. Stand ]
Tal. Mangaon Dist. Raigad. ]
]
132 Abhange Sachin Narayan ]
age 27 years. ]
R/o At Mamdapur, ]
Post Neral, Tal Karjat Dist.Raigad. ]
]
133 Shirke Namdevo Damu ]
age 30 years. ]
R/o At Hatkeli, Post Hodgaon ]
Tal. Mangaon, Raigad. ]
]
134 Patil Nilesh Vijay ]
age 28 years. ]
R/o Post Shirvali ]
Post Hashivare, Tal Alibaug ]
District Raigad ]
]
135 Patil Shaila Vasant ]
age 35 yers ]
R/o Dhamanpada Post Shahabaj ]
Alibaug, Raigd. ]
]
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15 WRIT PETITION No.7413 OF 2002
136 Malbari Nisha Kisan ]
age 32 years ]
R/o At and Post Varsai ]
Pen Raigad. ]
]
137 Shende Vaishali Namdevrao ]
ae 29 years ]
R/o At Post and Tal Mangaon ]
Opp. Sarladevi Mangal Karyalay ]
Dist. Raigad. ]
]
138 Mhatre Suvarna Janardan ]
age 28 years ]
R/o Post Dehon, Post Poyanad ]
Tal. Alibaug, Dist.Raigad. ]
]
139 Shirvatkar Jyoti Sadanand
ig ]
age 28 ]
R/o At and Post Borli Panchatan ]
Shivardhan Raigad. ]
]
140 Pilankar Vishal Naresh ]
Age 27 years. ]
R/o At and Post Vadvali ]
Tal. Shivardhan Dist. Raigad ]
]
141 Kavale Kavita Anant ]
age 26 years ]
R/o Post Talavali ]
Post Khandale, Alibaug, Raigad. ]
]
142 Tathare Reshma Dasharath ]
age 30 years. ]
R/o At and Post Goregaon ]
Tal Mangaon, Raigad ]
]
143 Dhavale Vandana Narayan ]
age 30 years. ]
R/o Sainik Nagar, Behind Iti ]
Poladpur, Raigad. ]
]
144 Pawar Vinod Ramchandra ]
age 32 years ]
r/o At and Post Kharvali ]
Mangaon, Raigad ]
]
145 Savant Kishori Vishnu ]
age 31 years. ]
R/o Utekholwadi Post and Tal. ]
Mangaon, Dist.Raigad. ]
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16 WRIT PETITION No.7413 OF 2002
146 Dabade Manisha Namdevo ]
age 32 years ]
R/o at and Post Nizampur, ]
Tal. Mangaon, Dist. Raigad ]
]
147 Hatkar Sarika S. ]
Age 28 years. ]
R/o At and Post Nizampur ]
Tal. Mangaon, Dist. Raigad. ]
]
148 Bamgude Shital Ashok ]
age 27 years ]
R/o At Shirvali, Post Khamb ]
Tal Roha Dist. Raigad ]
]
149 Shigvan Prakash S ig ]
age 27 years ]
R/o Vivale Kond, Post Sai ]
Tal Mangaon, Dist. Raigad. ]
]
150 Khamkar Lalita B ]
age 30 years ]
R/o At Kansai, Post Ainghar ]
Tal. Roha, Dist. Raigad. ]
]
151 Sonawane Swati Chintaman ]
age 29 years ]
R/o At and Post Patnus ]
Mangaon, Raigad ]
]
152 Patil Vijaya Namdeo ]
age 30 years. ]
R/o At Kane, Post Vashi ]
Taluka Pen, Dist.Raigad. ]
]
153 Mhamunkar Archana Dinkar ]
age 26 years. ]
r/o At Kalij, Post Birwadi ]
Tal. Mahad. Dist. Raigad ]
]
154 Sanap Pritam Nandkumar ]
age 30 years. ]
R/o At and Post Medha ]
Tal. Roha, Dist. Raigad. ]
]
155 Pote Aparna Anant ]
age 28 years ]
R/o At and Post Nandgaon ]
Tal.Murud, Dist. Raigad ]
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17 WRIT PETITION No.7413 OF 2002
156 Chaudhari Usha Namdev ]
age 27 years ]
R/o At and Post Birwadi ]
Takikond, Tal Mahad ]
Dist. Raigad. ]
]
157 Chandane Ajita Anant ]
age 31 years ]
R/o Shri Dattaguru C H S Ltd. ]
Chinchpada Road, Pen ]
]
158 Bhagat Indira Gajanan ]
age 36 years. ]
R/o Pimpalpada, Post Koproli ]
Tal Pen, Dist. Raigad ]
ig ]
159 Shri Rajesh Barku Patil ]
age 28 years ]
R/o At and Post Mahad ]
Tal.Mahad, Raigad. ]
]
160 Mahadik Laxman Baburao ]
age 36 years. ]
R/o At Post and Tal Mahad Raigad. ]
]
161 Mate Kavita Narayan ]
age 36 years ]
R/o At and Post Kirvale ]
Tal. Karjat, Dist. Raigad. ]
]
162 Dalvi Ujwala Sahadeo ]
ae 27 years ]
R/o At Umroli ]
Post Muhavali Tal Mangaon ]
]
163 Jyoti Davalram Chandurkar ]
age 30 years ]
R/o At and Post Underi ]
Tal Mahad, Dist. Raigad ]
]
164 Tanpure Sandhyarani Baban ]
age 26 years ]
R/o Kharakwadi, Post Waki (B) ]
Tal.Mahad, Raigad. ]
]
165 Mhatre Karuna Anant ]
age 28 years ]
R/o at Umbarde, Post Koproli ]
Tal Pen Raigad ]
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18 WRIT PETITION No.7413 OF 2002
166 Wavdhal Jyoti Shivaji ]
age 27 years ]
R/o Adarsha Samatanagar ]
Mangaon Raigad ]
]
167 Satpute Sadichha Pradip ]
age 26 years ]
R/o At and Post Talashet ]
Indapure, Tal Mangaon ]
]
168 Mhatre Aparna Bhagwan ]
age 27 years ]
R/o Bahiricha Pada ]
Post Hashivare, Alibaug, Raigad ]
]
169 Mhatre Vaishali Bhagwan
ig ]
age 29 years ]
R/o Bahiricha Pada, ]
Tal Alibaug, Raigad ]
170 Gaikwad Tulsa Laxman ]
age 27 years. ]
r/o At and Post Walang ]
Tal. Mahad, Dist. Raigad. ]
]
171 Sheth Ashwini Ramanlal ]
age 28 years ]
r/o 201, Sundaram Society ]
Dongarepul Tal Post and Tal Mahad ]
]
172 Thate Vaishali Vasant ]
age 28 years ]
R/o At Dighodi Post Saswane ]
Tal Alibaug, Raigad ]
]
173 Arun Dhondo Pawar ]
age 28 years ]
R/o At and Post Panalghar ]
Tal.Mangaon Dist Raigad Pin 402103 ]
]
174 Shri Kishor Krishna Bhoir ]
age 27 years ]
R/o At and Post Veer ]
Taluka Mahad, Dist. Raigad ]
Pin 402301 ]
]
175 Smt.Supriya Dattatray Khare ]
age 30 years ]
r/o At and Post Mangaon ]
Dist. Raigad. ]
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19 WRIT PETITION No.7413 OF 2002
176 Padave Suraj Santosh ]
age 25 years ]
R/o At Ramwadi Tal Pen ]
District Raigad. ]
]
177 Gadmale Sharmila Krishna ]
age 27 years. ]
R/o At and Post Pali ]
Tal Sudhagad, Dist.Raigad. ]
]
178 Patil Shrikant Krishna ]
age 26 years ]
R/o Pimpada, Post Koproli ]
Tal Pen, Dist. Raigad. ]
]
179 Salunke Sarika Govind ig ]
age 24 years. ]
R/o At and Post Varand ]
Tal. Mahad, Dist. Raigad. ]
]
180 Shedge Hardas Daulat ]
age 30 years. ]
r/o At and Post Panhalghar ]
Tal Mangaon, Dist. Raigad. ]
]
181 Smt.Satpute Aarati Ashok ]
age 24 years ]
R/o Indalpur, Talu. Mangaon, ]
District Raigad. ]
]
182 Smt.Vishe Vasanti Raghunath ]
age 27 years. ]
R/o At and Post Pashane ]
Tal Karjat, Dist. Raigad. ].... Petitioners.
Versus
1 The State of Maharashtra ]
Through the Secretary to the ]
Department of Primary Education, ]
Mantralaya, Mumbai - 32 ]
]
2 The Collector, ]
Alibaug, District Raigad ]
]
3 Chief Executive Officer, ]
Zilla Parishad Raigad office at ]
Alibaug ]
::: Downloaded on - 09/06/2013 16:16:39 :::
20 WRIT PETITION No.7413 OF 2002
]
4 The Education Officer ]
Primary Education, Zilla Parishad ]
Raigad and Ex-Officio Secretary of ]
District Selection Committee having ]
office at Alibaug ]
]
5 Zilla Parishad Raigad, ]
Through its Chief Executive Officer, ]
having office at Alibaug. ]
]
6 Sachin Pandurang Gadekar ]
Residing at Shala Pale, Post Vashani ]
Tal.Uran, District Raigad ]
]
7 Gorakshanath Nivrutti Gorde ]
Residing at Shala Donewadi
ig ]
Chinchwadi Kendra, Tal.Karjat ]
District Raigad. ]
]
8 Sudarshana Devidas Alai ]
Residing at Post Dahivad, Tal.Devala ]
District Nashik ]
]
9 Gulab Rakhama Chede ]
Residing at Kemburli Marathi Shala ]
Tal.Mahad, District Raigad ]
]
10 Parshuram Narayan Birhandi ]
Residing at Shala Adgoan, ]
Tal.Shrivardhan, District Raigad ]
]
11 Pradnya Jayram Mhatre ]
Resident of Kanhoba, Post Vadhav ]
Tal Pen, District Raigad. ]
]
12 Kashiram Gangaram Ubhare ]
At & Post Bamnoli, Tal.Mangaon ]
District Raigad ]
]
13 Supriya Madhukar Warange ]
At & Post Medhe, Post & Tal. Tala ]
Dist. Raigad. ]
]
14 Anant Nathuram Dalvi ]
At and Post Bamnoli Tal. Mangaon ]
District Raigad. ]
]
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21 WRIT PETITION No.7413 OF 2002
15 Rakesh Narayan Madhavi ]
Resident of Utekhol, Post Bamnoli ]
Tal Mangaon, District Raigad ]
]
16 Prajyot Shankar Khandekar ]
Residing at Shala Pui, Adivashi Wadi ]
Post Kolad, Tal.Roha, Dist. Raigad ].... Respondents.
Mr.Girish S Godbole for the Petitioners.
Mr. A B Vagyani, AGP, for the Respondent Nos.1 and 2.
Mr. G G Gavnekar fo the Respondent No.4.
None for the Respondent Nos.3,5,6,7,8,9, 12 to 15 though served.
CORAM : P B MAJMUDAR &
ig R M SAVANT, JJ.
DATE : 12th August 2010
ORAL JUDGMENT [R M SAVANT, J]
1 The Petitioners, by way of the above Petition filed under Article 226 of the Constitution of India, take exception to the Government Resolution dated 21.10.2002 which inter alia provides that the posts of Shikshan Sevak remaining to be filled up be done so by issuing advertisement and inviting applications from the candidates all over the State. The Petitioners also claim a direction against the Respondents that they be directed to implement the Government Resolution dated 10.3.2000 for making appointment of primary teachers in respect of the posts within the jurisdiction of Zilla Parishad, Raigad. The Petitioners have also taken exception to the appointment of Respondent Nos. 11 to 16 on the ground that the said Respondents were not having D.Ed qualification on the cut off date i.e. on 6.8.2001 and therefore could not have been appointed. The Petitioners have made appropriate prayers in the above Petition in respect of the said reliefs.
::: Downloaded on - 09/06/2013 16:16:39 ::: 22 WRIT PETITION No.7413 OF 20022 Shorn of unnecessary details, the facts can be stated thus :-
The State Government has introduced a scheme for appointment of primary teachers on contract basis known as "Shikshan Sevak Scheme" by Government Resolution dated 10.03.2000. In so far as the present Petition is concerned, clauses 12 and 13 of the said scheme are relevant. Clause 12 provides for constitution of a selection committee at the District Level comprising of the District Collector as President, the Chief Executive Officer of the concerned Zilla Parishad as Member, the District Social Welfare Officer as Member, the Project Officer (Integrated Tribal Development Project) as Member and the Education Officer (Primary) Zilla Parishad as Member Secretary. The said committee was enjoined to forward the list of all the vacancies of primary teachers to the District Employment and Self Employment Guidance Officer, Commissioner (Tribal Development), District Social Welfare Officer, Project Officer (Integrated Tribal Development Project) i.e. the four offices. It was on the basis of the list forwarded by the said offices that the said select committee was to prepare a selection list on the basis of the marks obtained by the candidates in the D.Ed.( Written Examination). It was further provided that candidates in the ratio of 1.5 times the number of the vacant posts should be called for interview and thereafter considering the merit, a select list should be prepared having 10% extra candidates.
By clause 13 of the scheme the mode of inviting applications was provided for and the said clause 13 inter alia provides that the said four offices mentioned in clause 12 should be directed to submit the list of candidates enrolled with the said offices so as to enable the District Selection Committee to prepare a merit list. The said Government Resolution dated 10.3.2000 triggered off challenges ::: Downloaded on - 09/06/2013 16:16:39 ::: 23 WRIT PETITION No.7413 OF 2002 before the Principal Bench of this Court as well as the Bench of this Court sitting at Aurangabad. Since the Petitioners lay much stress on the judgment dated 11.10.2002 of the Division Bench at Aurangabad in Writ Petition No.2691 of 2000 a detailed reference would be made to the said Judgment in the later part of this Judgment. It appears that in view of the challenge raised to the said Resolution dated 10.03.2000, the State Government suo moto granted stay to the said Government Resolution dated 10.03.2000. The Principal Bench of this Court in the writ petition filed before it challenging the said Government Resolution passed a detailed interim order by virtue of which the modality of working out the said scheme was laid down.
Thereafter the Division Bench at Aurangabad passed an interim order dated 4.7.2001 in Writ Petition Nos.817 of 2001 and 949 of 2001 by which the Division Bench directed the State Government to forthwith fill up the 25% of vacant posts of Shikshan Sevak. It appears that the State Government issued another Government Resolution dated 9.7.2001. By the said Government Resolution the stay which was granted by the State Government on 4.10.2000 came to be withdrawn and the State Government implemented the interim directions of the Division Bench at Aurangabad as contained in its order dated 4.7.2001. However, the stay came to be withdrawn by the State Government subject to the out come of the S.L.P. No.21020 of 2000 which was filed in the Apex Court challenging the said order dated 4.7.2001.
3 The Division Bench at Aurangabad thereafter by its judgment and order dated 4.7.2001 passed in Writ Petition Nos.871 of 2001 and 949 of 2001 finally decided the said writ petitions and directed the State Government that 100% seats of teachers under the said Shikshan Sevak Scheme should be filled in only by mode of inviting applications by giving an advertisement in the local news papers instead of ::: Downloaded on - 09/06/2013 16:16:39 ::: 24 WRIT PETITION No.7413 OF 2002 calling for lists from the Employment Exchange and various others offices as provided in the Government Resolution dated 10.3.2000. It appears that considering the directions issued by the Division Bench at Aurangabad in its judgment and ordere dated 4.7.2001, the State Government issued a circular dated 12.7.2001 by which certain amendments were made in the said Government Resolution dated 10.3.2000, which amendments included the amendments to clauses 12 and 13 of the said Government Resolution.
4 In so far as clause 13 is concerned, which is one of the relevant clauses for the purpose of adjudicating the instant Petition, it was provided that the Member Secretary of the selection committee should publish an advertisement in one State Level and one District Level news paper stating the clear number of vacancies and making it clear that any eligible candidates from entire State may make application and it was provided that the marks obtained by the candidates in the Written Examination for the Diploma in Education should be considered for preparing the merit list. After the said Government Resolution dated 12.7.2001 came to be issued the Apex Court decided Civil Appeal No.1718 of 2002 which was filed against the judgment and order dated 4.7.2001 passed by the Division Bench at Aurangabad in Writ Petition Nos.817 of 2001 and 949 of 2001. The Apex Court set aside the judgment and order dated 4.7.2001 of this Court and remanded the matter back to this Court for a de novo consideration. Resultantly the order of the Division Bench at Aurangabad, which directed that 100% recruitment should only be done by issuing an advertisement, was quashed and set aside. Thereafter the State Government issued a Government Resolution dated 27.03.2002 by virtue of which the circular dated 12.7.2001 was amended. The State Government also granted stay to recruitment of ::: Downloaded on - 09/06/2013 16:16:39 ::: 25 WRIT PETITION No.7413 OF 2002 teachers on 28.03.2002 on the ground that the order dated 4.7.2001 passed in Writ Petition No.3691 of 2000 had been challenged in SLP No.19081 of 2001 in the Apex Court.
5 On remand the Division Bench at Aurangabad decided the said Writ Petition Nos.817 of 2001 and 949 of 2001 and by its Judgment and Order dated 11.10.2002 upheld the Government Resolution dated 10.3.2000. It was held that the State Government had authority whilst making a provision in clause 13 for inviting applications from Specified Government Offices like Employment Exchange etc. which according to the Division Bench was not unconstitutional or arbitrary. This Court further held that in addition to those modes, the applications may also be invited by publishing a proclamation in the local news paper in future. It was further directed that that in so far as the recruitment of primary teachers in the school under the Zilla Parishad for the current academic year was concerned, all the candidates who are in the first select list prepared under the provisions of clause 13 of the said scheme as contained in Government Resolution dated 10.3.2000 should be issued appointment orders. As mentioned herein above, a detailed reference would be made to the judgment of the Division Bench at Aurangabad dated 11.10.2002 at a later stage.
6 In so far as the Petitioners are concerned, it is required to be noted that all the Petitioners claim to have enrolled themselves with the Employment Exchange of Raigad District and, in view of clause 12, it is their case that they ought to have been considered for appointment as Shikshan Sevak as per the scheme which has been upheld by the Division Bench at Aurangabad. It is their case that the ::: Downloaded on - 09/06/2013 16:16:39 ::: 26 WRIT PETITION No.7413 OF 2002 Respondent No.5 Zilla Parishad was obliged to exhaust the list with the four local offices and thereafter only the Respondent No.5 Zilla Parishad could have resorted to the mode of issuing an advertisement and inviting applications for the residual vacancies.
7 It would also be apposite to refer to the challenge which was there before the Division Bench at Aurangabad. The challenge was principally to the mode of recruitment to the posts of Shikshan Sevak as contemplated in the said Government Resolution dated 10.3.2000 and the Petitioners before the Division Bench at Aurangabad were espousing that restricting the applicants to the persons who are enrolled with the said four offices is violative of the equality of opportunity in the matter of employment and hence violative of Articles 14 and 16 of the Constitution of India. That was the principal ground on which the said Government Resolution dated 10.3.2000 contained the said Shikshan Sevak scheme was challenged before the Division Bench at Aurangabad. The Division Bench whilst deciding the constitutional validity of the said Government Resolution dated 10.3.2000 has also sought to the balance equities of the persons who are likely to be affected by a decision rendered one way or the other. This was necessitated in view of the fact that many of the Zilla Parishads had acted upon the Government Resolution dated 12.7.2001 as also Original Government Resolution dated 10.3.2000 and had prepared a select list of candidates for being appointed as Shikshan Sevaks.
However, in so far as Respondent No.5-Zilla Parishad, Raigad is concerned, which is a Zilla Parishad against whom all the Petitioners above named have a claim, it is required to be stated at the outset that the said Respondent No.5 Zilla Parishad had not taken any action pursuant to the original Government Resolution dated 10.3.2000 ::: Downloaded on - 09/06/2013 16:16:39 ::: 27 WRIT PETITION No.7413 OF 2002 by calling for applications of any of the four offices mentioned in the said Government Resolution. In view of the principal contention of the Petitioners in the instant Petition that the action taken by the Respondent No.5-Zilla Parishad is in contravention of the decision of the Division Bench at Aurangabad it is necessary to reproduce paras of the said judgment dated 11.10.2002 which inter alia reflect the challenge raised by the Petitioners before the Division Bench at Aurangabad as also the conclusions and the directions issued by the Division Bench. In our view, the same can be culled out from Paras 14, 15, 17, 30 and 31 which are as under :-
14. The instant petition deals with the selection of Shikshan Sevaks in the primary schools only and that too run by the Zilla Parishads, and more particularly the challenge to the provisions of clause 13 regarding the mode of inviting applications or names of candidates from the prescribed four agencies only and to the exclusion of the mode of proclamations to be published in the local newspapers.
15. It is required to be noted that as the order passed by this Court on 4th July, 2001 in the instant petition has been set aside by the Apex Court in Civil Appeal No. 1718 of 2002 and connected appeals, clause 13, as incorporated in the Government Resolution dated 12th July, 2001 amending the process of recruitment of Shikshan Sevaks, is no more valid and any action taken by the State Government, on the basis of the said order passed by this Court, is a nullity as at present. At the same time, while setting aside the order passed by us in writ petition No. 3681 of 2000 the Apex Court, in Civil Appeal No. 1464 of 2002, has duly considered the State Governments contention that the Shikshan Sevak Scheme for secondary schools was modified as per the order dated 16th August, 2000 in Writ Petition No. 2940 of 2000 and was working to the satisfaction of the Government.
The said order of the Apex Court dated 22nd February, 2002 in a way leads to an inference that the scheme of Shikshan Sevaks applicable to the primary schools, as per Government Resolution dated 10th of March, 2000, also stood modified to the extent as directed by order dated 16th August, 2000 in Writ Petition No. 2940 of 2000 and inspite of its distinguishing features viz. the scheme announced by ::: Downloaded on - 09/06/2013 16:16:39 ::: 28 WRIT PETITION No.7413 OF 2002 the Government Resolution dated 10th of March, 2000 being applicable to the primary schools run by the Zilla Parishad, Municipal Councils/ Corporations and private aided institutions and the scheme announced by the Government Resolution dated 27th of April, 2002 being applicable only to the aided private secondary schools. Under these circumstances, the State Government is bound to follow the scheme of Shikshan Sevaks as originally announced vide Government Resolution dated 10th of March, 2000 and to the extent modified by order dated 16th August, 2000 by this Court (Principal Bench). As per these modifications the honorarium payable at the rate of Rs.2,500/- per month has been enhanced to Rs.3,000/- per month and it shall be payable on month to month basis without any deductions. The Shikshan Sevaks will be appointed for a duration of three years instead of five years as was originally envisaged and upon successful completion of the said period he/ she will be absorbed in service and treated as a regular teacher within the meaning of Maharashtra Employees of Private Schools Act, 1971 (MEPS Act, for short) and the Rules hereunder or similar statute governing the regular employees under the Zilla Parishad or the Municipal Councils/ Corporations.
17. With this background we are required to consider two main issues for deciding this petition viz. (i) whether inviting names of the candidates for appointment to the post of Shikshan Sevaks from the prescribed four agencies i.e. the employment exchange, Commissioner, Tribal Development, District Social Welfare Officer and Project Officer (Integrated Tribal Development Project) without inviting applications by publishing proclamation in the local newspapers is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution, and (ii) if the above issue is decided in the affirmative or in the negative what is to be done with the select lists already prepared in June/ July, 2000 as well as pursuant to the Government Resolution dated 12th July, 2001.
30. In such circumstances, it cannot be held that the original provision of clause 13, as impugned in this petition, is illegal or unconstitutional only because it does not provide for inviting applications by advertisement in the local newspapers though such may be an additional mode desirable in future. The Zilla Parishads have already gone through two rounds of ::: Downloaded on - 09/06/2013 16:16:39 ::: 29 WRIT PETITION No.7413 OF 2002 selection process, first as per the impugned provisions of clause 13 and the second pursuant to the orders passed by this Court on 4th July, 2001 in the instant petition and which order has been set aside by the Apex Court. The fact remains that all those who were in the first select list have also responded to the second recruitment derive in response to the newspaper advertisements and almost all of them are in the second select list as well. There may be few who may loose their opportunity, though selected in the first select list, on account of overage and some others may be listed at a much lower place in the second select list in view of the comparative merit assessment of the D.Ed. written examination and thus may loose the chance of being appointed in response to the second select list. As noted earlier, we will have to find out a proper synchronization of these two lists so as to do justice to the parties and more particularly the students, keeping in mind the principles of equity, though it is well established by a catena of decisions of the Apex Court that the selected candidates do not have a vested right for appointment and the right of employment is fructified only when the order of appointment is issued pursuant to the said selection.
31. In the premises, we hold that the method of inviting applications under clause 13 of the Shikshan Sevak Scheme dated 10th March, 2000 from the specified government offices namely employment exchange, district social welfare officer, Commissioner (Tribal Development), Project Officer (Integrated Tribal Welfare Project) cannot be held to be illegal, arbitrary or unconstitutional and it is desirable that in addition to these modes applications are also invited by publishing a proclamation in the local newspapers in future. The challenge raised in this petition, therefore, fails.
8 What can be seen from the Judgment of the Division Bench at Aurangabad is that though the mode prescribed by clause 12 as existing was upheld, the Division Bench also held that issuance of an advertisement for calling applications can also be an additional mode in future. Though the Division Bench has held that the process of recruitment of Shikshan Sevaks pursuant to the Government Resolution dated 12.7.2001 which is based on the judgment of the ::: Downloaded on - 09/06/2013 16:16:39 ::: 30 WRIT PETITION No.7413 OF 2002 Division Bench at Aurangabad dated 4.7.2001 was no more valid and held that any action taken by the State Government on the basis of the said order passed by this Court dated 4.7.2001 is a nullity as at present. The Division Bench has balanced the equities in Paras 30 and 31 of the said Judgment. The Division Bench has observed that some of the Zilla Parishads have already gone through two rounds of selection process,l first as per the impugned provisions of clause 13 and the second pursuant to the orders passed by this Court on 4th July 2001 and which order has been set aside by the Apex Court. The Division Bench was of the view that a proper synchronization of the said lists is to be found out so as to do justice to the parties and more particularly the students, keeping in mind the principles of equity. The Division Bench further observed that to meet the emergent requirements of Assistant Teachers in the primary schools under the Zilla Parishads for the academic year 2002-2003, it is necessary to direct that at the first instance, all those candidates who were in the first select list prepared as per the impugned provisions of clause 13 of the Shikshan Sevak Scheme shall be issued appointment orders and in case there are any further vacancies in the concerned Zilla Parishads, the candidates selected pursuant to the selection process undertaken as per the Government Resolution dated 12.7.2001 shall be issued appointment orders strictly as per the merit list and by excluding those names who are already in the first select list. This in our view is the defining observation of the Division Bench as contained in its judgment dated 11.10.2002 on the touchstone of which we have to consider the challenge raised by the Petitioners in the instant Petition.
9 Since it is the case of the Petitioners that action of the Respondent No.5- Zilla Parishad Raigad is not in conformity with the judgment of the Division Bench at ::: Downloaded on - 09/06/2013 16:16:39 ::: 31 WRIT PETITION No.7413 OF 2002 Aurangabad dated 11.10.2002, it would be necessary to refer to the affidavit in reply filed of the Respondent No.5-Zilla Parishad Raigad to find out as to whether the factual position as existing before the Division Bench at Aurangabad was the same as the factual position as existing in the instant Petition.
10 On behalf of the Respondent No.5-Zilla Parishad Raigad an affidavit in reply has been filed by one Mr.Dinkar Damodar Patil, the Education Officer (Primary).
It is mentioned in the said affidavit that pursuant to the said Government Resolution dated 10.3.2000, the Respondent No.5 Zilla Parishad intimated the four offices mentioned in the said Resolution of the vacancies in respect of the backward class candidates as there was long pending backlog in the said Zilla Parishad as regards the backward class candidates. It is averred in the said affidavit that there were vacancies of the trained and untrained teachers to the extent of 2654 inter alia comprising of 2594 untrained teachers and 60 trained teachers. The said four offices forwarded the list on the basis of which candidates were interviewed on 15.09.2000. It is further averred that 1248 candidates belonging to the various reserved categories were present for the interview. It is further averred that pursuant to the interview, a select list of 769 candidates was prepared out of which 42 candidates were on waiting list.
However, in view of the stay granted by the State Government vide its circular dated 4.10.2000, the said select list was not published and, the matter rested there for some time. It is further mentioned in the said affidavit that after the Division Bench at Aurangabad had decided the said Writ Petition Nos.817 of 2001 and 949 of 2001 by its Judgment and Order dated 4.7.2001 and, after the State Government issued Government Resolution dated 12.7.2001, the Respondent No.5-Zilla Parishad Raigad, issued an advertisement on 27.7.2001 in Dainik "Krushiwal" at district level and in ::: Downloaded on - 09/06/2013 16:16:39 ::: 32 WRIT PETITION No.7413 OF 2002 Dainik "Sakal" at State level calling for applications for filling 1630 vacant posts of primary teachers which comprised of 1571 posts for Marathi Medium; 56 posts for Urdu Medium, 2 posts for Gujarati Medium and 1 post for Hindu Medium. The cut off date for the said applications was 6.8.2001. It is an undisputed fact that all the Petitioners had applied for pursuant to the said advertisement. It is further averred in the said affidavit that 7294 applications were received out of which 6934 applications were received before the cut off date i.e. 6.8.2001 and 360 applications were received after the cut off date. 6934 applications, which were received before the cut off date, were duly scrutinized and after satisfaction about their suitability, 494 backward class candidates out of 6934 were called for interview on 27.1.2002 in the first round out of which 105 candidates were present for the interview and from those 105 candidates, 80 candidates were appointed to the post of Shikshan Sevak vide appointment order dated 7.3.2002. It is further stated in the said affidavit that in so far as S.T candidates were concerned, in view of the fact that they could not submit their respective caste certificates in time, they were not issued appointment orders. It is further averred that in the second round, out of the candidates who were called for interview, which were 868 in number, 242 candidates remained present for interview and out of the said 242 candidates 193 candidates have been selected. It is further averred that after issuance of the Government Resolution dated 21.10.2002 which was pursuant to the Judgment and Order dated 11.10.2002 of the Division Bench at Aurangabad, 222 posts of primary teachers were vacant. However, the Education Officer (Primary) of the Respondent No.5-Raigad Zilla Parishad decided to call for the list of backward class candidates from the concerned Employment Exchange as there was a long pending backlog of 762 backward class candidates. It is further mentioned in the said affidavit that the in view of the stay granted by the State ::: Downloaded on - 09/06/2013 16:16:39 ::: 33 WRIT PETITION No.7413 OF 2002 Government vide its Government Resolution dated 4.10.2000, the list as regards the open category candidates could not be called for. It is lastly averred that as per clauses 3 and 4 of the said Government Resolution dated 21.10.2002, 2689 open category candidates were called for interview and for verification of their original mark sheets and certificates and, out of these 2689 open category candidates, a merit list of 628 candidates was prepared on 22.12.2002 on the basis of marks obtained by them in the D.Ed. written examination. It appears that in view of the order dated 23.12.2002 in the above Writ Petition, the Respondent No.5 Zilla Parishad Raigad could not make any appointments to the post of Shikshan Sevak till 10.01.2003 when the stay was vacated and appointment orders were thereafter issued to 590 candidates.
11 Therefore what emerges from a reading of the said affidavit filed on behalf of the Respondent No.5- Zilla Parishad is that the Zilla Parishad had not prepared any first list as was the position before the Division Bench at Aurangabad.
The Respondent No.5-Zilla Parishad had issued an advertisement in terms of the Government Resolution dated 12.7.2001 which was in operative at the relevant time.
The question, therefore, would be, whether the action of the Respondent No.2-Zilla Parishad is contrary to the dictum of the Division Bench at Aurangabad. It is required to be noted that the factual position as was prevailing before the Division Bench stands in contradistinction to the factual position as is prevailing in the instant Petition. In the instant Petition it is undisputed fact that there was no first list published by the Respondent No.5-Zilla Parishad and, the Respondent No.5 Zilla Parishad had commenced recruitment process by issuing an advertisement only pursuant to the Government Resolution dated 12.7.2001 which was issued by the ::: Downloaded on - 09/06/2013 16:16:39 ::: 34 WRIT PETITION No.7413 OF 2002 State Government pursuant to the Judgment and Order dated 4.7.2001 of the Division Bench at Aurangabad and which Resolution provided that 100% posts of teachers should be filled in only by issuing advertisement. The fact that the said Government Resolution was later on set aside by the Division Bench of this Court, in our view, would be of no avail to the Petitioners in view of the fact that the Division Bench of this Court at Aurangabad itself has sought to balance the equities by issuing certain directions as contained in Paras 30 and 31 of its Judgment, a reference to which we have made in the earlier part of the instant order. It is also required to be borne in mind that though the Division Bench at Aurangabad had upheld the clause 13 of the Government Resolution dated 10.3.2000, the Division Bench had also observed that inviting applications by advertisement could be one of the modes in future. The words "in future" would have to be construed in the context of the factual position as was prevailing before the Division Bench at Aurangabad and that can be deciphered from the fact that the Division Bench itself has observed that for the remaining vacancies the Zilla Parishad could resort to the process of issuing advertisement. However, in the instant case, it is pertinent to note that none of the vacancies were filled by the Respondent No.5-Zilla Parishad by having recourse to the original Clause 13 of the Government Resolution dated 10.3.2000 and the process was started by the Respondent No.5- Zilla Parishad only after issuance of the Government Resolution dated 12.7.2001 which provided for issuance of advertisement for 100% posts. In our view, therefore, the action of the Respondent No.5-Zilla Parishad by fillin up the said posts by inviting applications by issuing advertisement cannot be said to be in violation of the Judgment and Order dated 11.10.2002 of the Division Bench at Aurangabad. It is also an undisputed fact that all the Petitioners participated in the selection process pursuant to the advertisement ::: Downloaded on - 09/06/2013 16:16:39 ::: 35 WRIT PETITION No.7413 OF 2002 dated 27.7.2001 issued by the Respondent No.5-Zilla Parishad, but could not be in the select list as they were lower in merit. The Petitioners have therefore questioned the selection process after participating in the same.
12 In so far as challenge of the Petitioners to the said Government Resolution dated 21.10.2002 is concerned, in our view, in the context of the observations made by the Division Bench at Aurangabad, by which the Division Bench has observed that inviting applications by advertisement can be also a mode in future and, in the light of the equities sought to be balanced by the Division Bench vide paras 30 and 31 of the said Judgment, the Government Resolution dated 21.10.2002 cannot be said to be issued on the basis of the mis-interpretation of the judgment of this Court. The clauses of the said Government Resolution inter alia disclose that the State Government has made efforts to see that the recruitment process of Shikshan Sevak is in sync with the authoritative pronouncement of this Court dated 11.10.2002. We, therefore, do not find any merit in the challenge raised by the Petitioners to the said Government Resolution dated 21.10.2002.
13 Now coming to the challenge of the Petitioners to the appointments of Respondent Nos.11 to 16 on the ground that the said Respondents had not possessed the required qualification on the cut off date i.e. 6.8.2001. It is required to be noted that thought the Petitioners challenged the appointments of the Respondent Nos.11 to 16, there are no averments in the Petition to back such a challenge. The Petitioners have amended the above Petition after its filing but have failed to incorporate any averment as to how in the event the appointments of the Respondent Nos.11 to 16 ::: Downloaded on - 09/06/2013 16:16:39 ::: 36 WRIT PETITION No.7413 OF 2002 are set aside the Petitioners would stand benefited. In the said context, it is required to be noted that the Respondent No.5- Zilla Parishad was obliged in terms of the Government Resolution dated 12.7.2001 to prepare a select list based on the merits of the candidates as assessed on the basis of the marks obtained by them in the D.Ed.
written examination. The Respondent No.5 Zilla Parishad had prepared a merit list and in terms of the said merit list 60% was the cut off percentage on the basis of which the last candidate was appointed. Admittedly, on the basis of the averments and the information which the Petitioners themselves have given, none of the Petitioners have 60% marks in the D.Ed examination and, therefore, the Petitioners stood lower in merit. It was also submitted by the learned counsel appearing for the Respondent No.5-Zilla Parishad that though the Petitioners had participated in the selection process pursuant to the advertisement dated 27.7.2001, the Petitioners could not be on the select list in view of the fact that all of them are below 60% which is the percentage of the last selected candidates. Considering the absence of any averment in respect of how the Petitioners would stand benefited if the appointment of Respondent Nos.11 to 16 are set aside, as also considering the fact that the Petitioners have not been selected as they did not have 60% marks, in our view, the appointments of the Respondent Nos.11 to 16 cannot be unsettled at the behest of the Petitioners.
14 Another aspect to be considered, in so far as the said challenge to the appointments of the Respondent Nos.11 to 16 is concerned, is that the State Government has filed an affidavit wherein it has been mentioned that the said Respondent Nos.11 to 16 though they had applied for as untrained teachers, they qualified themselves as trained teachers by the time of publication of preliminary ::: Downloaded on - 09/06/2013 16:16:39 ::: 37 WRIT PETITION No.7413 OF 2002 merit list on 9.11.2001 and hence their merit at the D.Ed. Examination was considered and they were appointed. In our view, such a course of action followed by the authorities cannot be faulted with in the facts and circumstances of the present case and hence for the said reason also the appointments of the Respondent Nos.11 to 16 cannot be upset.
Apart from the reasons mentioned herein above, it is required to be noted that the Respondent Nos.11 to 16 have been working as teachers since the year 2003, and therefore, for the said reason also we do not deem it fit to set aside the appointments of the Respondent Nos.11 to 16.
15 On behalf of the Petitioners much emphasis was sought to be placed on the averments made in the said affidavit filed on behalf of the State Government by Sheila Ramanand Tiwari, Deputy Director of Education, Mumbai Region, Mumbai. It was sought to be contended that in view of the fact that the Respondent No.5-Zilla Parishad had called for an additional list from the Employment Exchange, Tribal Department and Social Welfare Department for 222 vacancies for open posts and 760 vacancies for reserved posts, it would not be open for the Respondent No.5-Zilla Parishad now to contend that there was no action taken by the Respondent-3 Zilla Parishad pursuant to the said Government Resolution dated 10.3.2000 and that since the lists were called for from the said offices, the Petitioners, who were enrolled with the concerned Employment Exchange are entitled to be considered for the appointment. The said submission does not commend to us. It is pertinent to note that the said lists were called for after the Government Resolution dated 21.10.2002 and not immediately after the Government Resolution dated 10.3.2000 which ::: Downloaded on - 09/06/2013 16:16:39 ::: 38 WRIT PETITION No.7413 OF 2002 encampasses the Shikshan Sevak Scheme. The said affidavit cannot be read in piecemeal as is sought to be done by the learned counsel for the Petitioners as ultimately it is averred in the concerned para of the said affidavit that only the candidates belonging to the scheduled caste were given appointment whereas 11 other candidates were given appointment as per the Government Resolution dated 12.7.2001. The said factual position therefore speaks for itself that no appointments have been issued pursuant to the said list invited from the Employment Exchange save and except to the aforesaid extent. In our view therefore the said averments do not further the case of the Petitioners in any manner.
It was also sought to be contended that few of the Petitioners who had approached the Grievance Committee had been granted relief by the Grievance Committee though they were lower in merit than the Respondents and therefore an anomalous situation has arisen inasmuch as the present Petitioners who are higher in merit are not appointed but the persons who are lower in merit, but who had approached the Grievance Committee have been appointed by the Respondent No.5- Zilla Parishad. In our view, the said fact cannot be considered whilst deciding the challenge of the Petitioners on the grounds urged in the above Petition. It would have been open to the Petitioners to approach the Grievance Committee if they so desired for ventilation of their grievance. However, having not done so, the rest of the Petitioners cannot now claim relief on the said basis in the instant Petition.
16 We are satisfied that the action of the Respondent No.5-Zilla Parishad in carrying out the exercise of recruitment by issuing advertisement for calling the ::: Downloaded on - 09/06/2013 16:16:39 ::: 39 WRIT PETITION No.7413 OF 2002 applications was in sync with the Government Resolution dated 12.7.2001 as also, is now in sync with the Government Resolution dated 21.10.2002. We therefore do not find any merit in the above Petition which is accordingly dismissed. Rule discharged.
[R.M.SAVANT, J] [P.B.MAJMUDAR, J]
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