The Court rejected a writ petition challenging the selection of an open category candidate over an ESBC candidate. Reliance on Supreme Court precedent was deemed misplaced in light of a prior Division Bench judgment.
Petition rejected as it is devoid of substance.
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 WP 13368-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.13368 OF 2017
Bali Rama Pawar and others
...Petitioners
Versus
The State of Maharashtra and others
...Respondents
Mr. A. B. Chalak, Advocate for petitioners Mr. S. B. Yawalkar, Addl. Government Pleader for respondents No.1 to 3/ State
CORAM : R. M. BORDE &
SMT. VIBHA KANKANWADI. JJ.
DATE : 06-12-2017
PER COURT :
open category securing less marks than any of the candidate from ESBC category has been selected. The reliance placed by the petitioner on the Judgment of Rajesh Kumar Dariya Vs. Rajasthan Public Service Commission And Others , reported in (2007) 8 Supreme Court Cases, Page 788 , is misplaced.
reported in Asha Ramnath Gholap Vs. President District Selection
2 WP 13368-2017
Committee/ Collector, Beed and others, 2016 (3) ABR 376 , we do not
find any error in the decision taken by the respondent.
[SMT. VIBHA KANKANWADI] [R. M. BORDE] JUDGE JUDGE
vjg/-.
1 issue framed by the court
Whether selection of open category candidate with lower marks than ESBC category candidate is erroneous.
Colour shows how this judgement treated each authority
Rajesh Kumar Dariya Vs. Rajasthan Public Service Commission And OthersReferred¶14
(2007) 8 Supreme Court Cases, Page 788
Asha Ramnath Gholap Vs. President District Selection Committee/ Collector, Beed and othersDistinguished¶16
2 WP 13368-2017
Bali Rama Pawar and others
State of Maharashtra
R. M. Borda
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
