Bombay High Court
Maroti Devidas Kalyankar And Others vs The Union Of India And Others on 3 May, 2019
Author: A. M. Dhavale
Bench: S. V. Gangapurwala, A. M. Dhavale
1 WP12117.2016&OrsOperative Order
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
(1) WRIT PETITION NO.12117 OF 2016
Prakash s/o Bhagaji Wani & Ors. Petitioners..
Versus
The Union of India & Ors. Respondents..
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
AND
(2) WRIT PETITION NO.30 OF 2017
Bhagwan s/o Dhondiba Ghuge & Ors. ... Petitioners
Versus
The Union of India & Ors. Respondents..
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(3) CONTEMPT PETITION NO. 663 OF 2017
IN
WRIT PETITION NO. 9837 OF 2017
Changdev Pandurang Choure & Ors. ... Petitioners
Versus
Ananta Narayan Nanda & Ors. ...Respondents
..
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2 WP12117.2016&OrsOperative Order
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(4) WRIT PETITION NO.9447 OF 2017
Bharat s/o Baliram Chavan & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(5) WRIT PETITION NO.9837 OF 2017
Rahul s/o Anantrao Kale & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(6) WRIT PETITION NO.9910 OF 2017
Amit s/o Rajendra Dongre & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
..
Shri. Shrihari Aney, Sr. Counsel with Shri. Surendra Pardhy and
Shri. Kuldeepsing K. Kamare i/b Shaikh Mazhar A. Jahagirdar,
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3 WP12117.2016&OrsOperative Order
Advocate for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(7) WRIT PETITION NO. 10373 OF 2017
Shivpratap S/o Ganpat Jadhwar & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(8) WRIT PETITION NO. 11801 OF 2017
Maroti S/o Devidas Kalyankar & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
(9) WRIT PETITION NO. 13060 OF 2017
Babasaheb s/o Dnyanoba Gaikwad & Ors. ... Petitioners
Versus
The Union of India & Ors. ... Respondents
..
Shri. V. J. Dixit, Sr. Counsel i/b Dr. Swapnil D. Tawshikar, advocate
for the petitioners.
Shri. Anil Singh, Addl. Solicitor General of India with Shri. Bhushan
Kulkarni, St. Counsel for respondents No. 1 to 3
..
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4 WP12117.2016&OrsOperative Order
CORAM : S. V. GANGAPURWALA
AND
A. M. DHAVALE, JJ.
DATE OF RESERVING THE JUDGMENT : 28th February, 2019 DATE OF PRONOUNCING THE JUDGMENT : 03rd MAY, 2019 OPERATIVE ORDER:-
1. All the Writ Petitions are allowed. The order of cancellation of the entire examination is set aside to the extent of the petitioners herein.
2. The respondents are directed to verify again, whether there are any suspicious circumstances and irregularities in case of the petitioners herein and if no such suspicious circumstances, irregularities or malpractices are found as discussed in the judgment, the selection of the petitioners be restored and further process shall be completed within a period of two months.
3. As far as the petitioners in Writ Petition No. 9910 of 2017 are concerned, the respondents shall verify their record as well and if no suspicions circumstances or malpractices as discussed in the judgment are noted in their individual cases, their appointments shall be restored within a period of two months with 50% backwages.
4. In the facts and circumstances, we do not want to take any cognizance of the contempt. Hence, the Contempt Petition No. 663 of 2017 is dismissed.
5. We anticipate the request for stay of this order. Since we are granting time of two months for verification and giving effect to ::: Uploaded on - 03/05/2019 ::: Downloaded on - 04/05/2019 07:00:01 ::: 5 WP12117.2016&OrsOperative Order this order, no separate time is required to be given for obtaining stay order from the superior Court.
6. Rule is made absolute in the above terms with no order as to costs.
[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ]
JUDGE JUDGE
Punde
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