The High Court held that the petitioner waived her rights under a Government Resolution allowing permanent appointment without advertising by applying for and participating in the advertised selection process.
Petition was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2274 OF 2007
Shubhangi Parshuram Patwardhan ..... Petitioner.
V/s
The Principal, Smt. Champaben Balchand Shah Mahila Maha Vidyalaya & Ors.
..... Respondents.
Mr. A.M. Kulkarni for the Petitioner.
Mr. V.P. Malvankar, AGP for Respondent Nos. 4 and 5.
Mr. S.G. Deshmukh for Respondent Nos. 2 and 6.
CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 26th November, 2007.
P.C.:
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to contest, may not be enforceable but, even assuming that the Resolution to be enforceable, from the following conduct of the Petitioner it is obvious that the Petitioner waived her rights, if any, under that Government Resolution.
3. Petition is rejected.
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(V.M. KANADE, J.)
2 issues framed by the court
Whether the petitioner can claim appointment in a clear vacancy under a Government Resolution after applying for the advertised post and participating in the selection process.
Whether the petitioner's conduct amounts to a waiver of her rights under the Government Resolution.
Shubhangi Parshuram Patwardhan
The Principal, Smt. Champaben Balchand Shah Mahila Maha Vidyalaya
D.K. Deshmukh
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
