Dattatray Maruti Bansude And ORS v. The State Of Maharashtra Thr. The Chief Secretary And ORS

RPIA-1-2024.doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHARAT DASHARATH PANDIT Date: 2024.02.08 11:07:53 +0530 REVIEW PETITION NO. 01 OF 2024 IN INTERIM APPLICATION NO.158 OF 2024 IN WRIT PETITION NO.16025 OF 2022 Dattatray Maruti Bansude & Others .... Petitioners.

V/s The State of Maharashtra and Others ..... Respondents ----- Mr. Sandeep Dere a/w Mr. Omkar Wangikar for Review Petitioners/original Applicants/Petitioners.

Mr. Akhilesh Dubey a/w Mr. Sushant Walimbe, Ms. Srushty Kamble & Mr. Hrutic Chavan i/b Ms. Arti Nishad for Respondent Nos. 7 to 11. Mr. B. V. Samant, Addl. G.P. a/w Smt. R.A. Salunkhe, AGP for the Respondents-State.

----- CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 7th FEBRUARY, 2024 P.C.:- 1] Heard the learned Counsel for the Applicant and the learned Additional Government Pleader.

2] Having perused the Interim Application No.158 of 2024, we find that the directions issued in paragraph 7 of the order dated 05/02/2024 are required to be clarified by observing that the affidavit as directed to be filed by Respondent No.2 shall indicate whether the 1/2

RPIA-1-2024.doc Petitioners are more meritorious than the last selected candidate in the LDCE, 2016. The further reference in the said order starting from the words "in Writ Petition NO.13227 of 2018..... till 25th September 2023, shall be deleted. The corrected para 7 shall read as under:- "7] For aforesaid reasons, it is directed that the respondent no.2 shall within a period of ten days file an affidavit indicating whether the petitioners are more meritorious than the last selected candidate in LDCE, 2016. Dependent upon ascertainment of this aspect, the further claim of the petitioners for including their names in the list of candidates to be sent for training shall be considered in the writ petition. The contentions of the parties in that regard are kept open."

Similarly, in paragraph 2 of the said order, following sentence stands deleted.

"By Government Resolution dated 22nd April 2019, about 154 candidates having more than 230 marks but from the Open Category were sent for training." 3] The Review Petition is disposed of in the aforesaid terms. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 2/2