Bombay High Court
Dattatray Maruti Bansude And Ors vs The State Of Maharashtra Thr The Chief ... on 13 April, 2023
Author: Sandeep V. Marne
Bench: S. V. Gangapurwala, Sandeep V. Marne
(19 & 42)-WP-13227-18 & group matters.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13227 OF 2018
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.
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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 BGP. 3 of 4 ::: Uploaded on - 17/04/2023 ::: Downloaded on - 17/04/2023 22:13:16 ::: (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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