A Division Bench directed the respondents to refer the petitioner for an ophthalmology examination by a specific Board within two weeks and to keep the post vacant pending the report, citing a similar precedent.
Direction to refer petitioner for eye examination within two weeks; direction not to fill the post pending report.
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.
1 31-wp1701-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1701 OF 2016
Masnaji s/o. Yashwanta Yelleboinwad..Petitioner
versus
The State of Maharashtra and ors...Respondents
Mr.A.N.Nagargoje, advocate for petitioner
Mr.B.V.Virdhe, AGP for respondent nos.1 and 2 –
State
Mr.D.S.Bagul, advocate for respondent no.4
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : APRIL 05, 2016
PER COURT :
Heard.
2]In the similar set of facts, the Division
Bench of this Court in Writ Petition No.4646 of
2013 (Sunil Pandurang Patil Vs. The State of
Maharashtra and anr.), without entering into the
merits of the matter, referred the petitioner
therein to the Board of Referees for Opthalmology,
2 31-wp1701-16.odt
appointed by the Dean, Grant Medical College, J.J.
Hospital Complex, Bhyculla, Mumbai.
3]Keeping in view the order passed by the
Division Bench of this Court in Writ Petition
No.4646 of 2013, we pass the following order : -
A]We direct the respondents to refer the
petitioner's case for examination to the Board of
Referees for Opthalmology, appointed by the Dean,
Grant Medical College, J.J. Hospital Complex,
Bhyculla, Mumbai, as early as possible and in any
case, within a period of two weeks from today.
B]Until the report is received from the said
Board, we direct that one post, to which the
petitioner stakes claim, would not be filled in.
accordingly.
3 31-wp1701-16.odt
4]Parties to act on an authenticated copy of
this order.
[SANGITRAO S. PATIL, J.][S.S. SHINDE, J.]
kbp
2 issues framed by the court
Whether the petitioner should be referred to the Board of Referees for Ophthalmology for eye examination to determine fitness for the post claimed.
Whether the post claimed by the petitioner should remain vacant until the medical report is received.
Colour shows how this judgement treated each authority
Sunil Pandurang Patil Vs. The State of Maharashtra and anr.Referred¶13
Writ Petition No.4646 of 2013 (Sunil Pandurang Patil Vs. The State of Maharashtra and anr.)
Masnaji s/o. Yashwanta Yelleboinwad
State of Maharashtra
S.S. Shinde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court