The High Court bench held that the petitioner's claim was not disregarded as preferred candidates belonged to a separate class. Consequently, the writ petition was rejected, and any pending civil application was disposed of.
Petition rejected; pending civil application, if any, disposed of.
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, BENCH AT AURANGABAD
WRIT PETITION NO. 6133 OF 2012
Avinash s/o Abhiman Wale .. PETITIONER
VERSUS Managing Director, Maharashtra State Power Generation Company Ltd. .. RESPONDENT
Mr. S. B. Chavan, advocate for petitioner. Mr. S. M. Godsay, advocate for the respondent.
CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ. DATE : 25th NOVEMBER, 2013.
PER COURT :
claim for appointment to the post of Artisan Grade-C from amongst Scheduled Caste category. Petitioner claims that he has participated in the process of selection initiated by respondent for appointment to the aforesaid post and has scored 65 marks in the written examination. It is the contention of petitioner that candidates from amongst Scheduled Caste category who have scored equivalent or less marks than him have been
considered for appointment for appointment by overlooking his claim.
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the considered view that petitioner’s claim has not been disregarded. The allegation of favourable treatment given to less meritorious candidates by employer is also not acceptable since we do not find any unequal treatment
given to candidate from same class. The candidates who are preferred constitute different class and as such cases of such candidates who belong
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to separate class are not comparable with petitioner.
disposed of.
( A.I.S. CHEEMA ) ( R. M. BORDE ) JUDGE JUDGE
dyb
3 issues framed by the court
Whether the petitioner's claim for appointment is disregarded given arrangements for separate category candidates.
Whether candidates from a separate Project Affected Persons category can be compared with the petitioner for merit-based appointment.
Whether the writ petition deserves favourable consideration regarding the selection process.
Avinash s/o Abhiman Wale
Managing Director, Maharashtra State Power Generation Company Ltd.
R.M. Borde
A.I.S. Cheema
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
