The petitioner challenged his non-selection for a Junior Technician post. The Court held that the advertisement was specifically for deaf and dumb persons, not physical disabilities, rendering the petition meritless. The petition was dismissed.
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.
903.WPNo.14152013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE
WRIT PETITION NO. 1415 OF 2013
| Sambhaji Ananda Patil | ... | Petitioner |
|---|---|---|
| vs. | ||
| The State of Maharashtra & Ors. | ... | Respondents |
Mr.S.R.Ganbavale, Advocate for the Petitioner. Mrs.M.S.Bane, 'B' Panel AGP for the Respondent No.1. Ms.A.R.S.Baxi, Advocate for Respondent Nos.2 and 3.
CORAM :NARESH H.PATIL and RAVINDRA V.GHUGE, JJ. DATED :8TH JULY, 2014
P.C.
1/2
Gaikwad RD
903.WPNo.14152013
by the said advertisement applications were invited by “deaf and dumb” persons and not persons having physical disability. In the affidavit-inreply, the respondent-Company contended in Para.2 as under :
2. I state and submit that the Respondent No.4 and 5 were appointed earlier in time. Further the Government in view of order in PIL No. 70 of 2002 directed authorities to strictly comply the rule of filling the 3% post of reserved category of handicapped persons i.e. deaf and dumb etc. I state that the Government by its GR dated 23.06.2008 held that for the post of Junior Technician partially blind, deaf candidates are eligible, hence directed to fill up the said quota. I state therefore Advertisement No.1 to 2009 in paragraph No.3 is has been specifically mentioned the requirement for the said post. I state and submit that petitioner has filled up the form the said quota, therefore he is bound to fulfill the required eligibility under the same.
(RAVINDRA V.GHUGE,J.)
(NARESH .H.PATIL, J.)
2/2
Gaikwad RD
2 issues framed by the court
Whether the petitioner was eligible to apply for the post of Junior Technician under Advertisement No. 1 of 2009 which was specifically for deaf and dumb persons.
Whether the petitioner could seek directions from this Court against the respondents when he was not entitled to apply for the post.
Sambhaji Ananda Patil
The State of Maharashtra
Maharashtra State Electricity Distribution Company Ltd.
NARESH H.PATIL
RAVINDRA V.GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
