In this writ petition, the petitioner sought appointment as a Junior Technician, claiming eligibility for physical disability posts. The Court dismissed the petition, holding the petitioner was not entitled as the advertisement was specifically for deaf and dumb persons.
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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.
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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.)
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1 issue framed by the court
Whether the petitioner is entitled to be appointed as Junior Technician given that the post reserved was for deaf and dumb persons and not physical disability.
Sambhaji Ananda Patil
The State of Maharashtra
NARESH H.PATIL
RAVINDRA V.GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
