The petitioner challenged the continued service of a respondent whose caste claim was previously invalidated. The High Court declined to adjudicate the merits, held that no service protection was granted earlier, and directed the petitioner to submit a comprehensive representation to the Education Officer for a fresh decision.
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.
902-WP-2370-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2370 OF 2015
Subhash Nagorao Gawande ..PETITIONER VERSUS
State of Maharashtra and Others
..RESPONDENTS
Mr. V.S. Kodale, Advocate h/f Mr. V.D. Gunale, Advocate for petitioner. Mrs. M.A. Deshpande, A.G.P. for respondent – State. Mr. G.P. Shinde, Advocate for Respondent nos. 4 and 5.
CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ. DATED : 06th DECEMBER, 2018
ORDER :
It is the contention of the petitioner that approval for the appointment of Respondent no. 6 was granted subject to submitting the caste validity certificates. It is the contention of the petitioner that Respondent no. 6 is appointed from reserved category. The caste claim of Respondent no.6 is invalidated by the Scrutiny Committee and the order of the Scrutiny Committee has been confirmed by this Court by order dated 15th March, 2010 passed in Writ Petition no. 1000 of 2009 filed by Respondent no.6. The learned Counsel for the petitioner submits that illegal resolution is passed by the institution to continue the services of
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902-WP-2370-15.odt
Respondent no.6. Representations are given to the Educational Officer but no action has been taken.
( R.G. AVACHAT, J. ) ( S.V. GANGAPURWALA, J. )
SSD
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Subhash Nagorao Gawande
State of Maharashtra
S.V. Gangapurwala
R.G. Avachat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
