Writ challenge against exclusion of petitioner's name from revised select list for Chemist post, arguing subsequent horizontal reservation rules could not be applied to an earlier advertisement.
The writ petition was dismissed finding no substance in the challenge.
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
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO.4078 OF 2019
Anita d/o Gyansingh Shekhawat
vs.
Maharashtra State Power Generation Co.Ltd. and another
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders
Shri P.D.Meghe, Advocate for the petitioner.
Shri A.D.Mohgaonkar, Advocate for respondent nos.1
and 2.
CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ. DATED : 27.01.2020.
The petitioner was selected for the post of `Chemist’
from women open category and the name was included in
the select list prepared on 17.6.2017 and thereafter on
30.1.2019. However, revised list was prepared on
24.5.2019 in which the name of the petitioner does not
figure for the post in question. This is the subject matter of
challenge in the petition.
2.The select list is prepared and revised as per the
instructions issued under the Government Resolution dated
19.12.2018. There is no challenge that the select list
prepared is not in accordance with this Government
Resolution. The challenge is that the advertisement in
question was issued in January 2017 and, therefore, the
2
criteria prescribed for preparation of select list under the
Government Resolution issued subsequently on 19.12.2018
could not have been applied. If this Government Resolution
had not been applied, undisputedly the petitioner could
have got the order of an appointment.
3.It is not in dispute that in the vertical as well as
horizontal reservation, there is not even a single person
selected from the open category having the marks lower
than the petitioner. Obviously, the persons from reserved
category, if have secured the marks higher than the persons
belonging to non-reserved category, the appointments are
not to be counted against the reservation.
4. In view of this, we do not find any substance in the Writ Petition and the same is dismissed.
JUDGE JUDGE
Ambulkar
1 issue framed by the court
Whether the petitioner is entitled to appointment in view of the exclusion of her name from the revised select list prepared under a subsequent Government Resolution.
Anita d/o Gyansingh Shekhawat
Maharashtra State Power Generation Co. Ltd.
R.K. Deshpande
Amit B. Borkar
As recorded by the court registry
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