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Bombay High CourtWP/5322/2022disposed off

Sharadchandra Y Sharma And ORS v. The State Of Maharashtra Thr Its General Administration Dept And ANR

2022-04-29Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Abhay Ahuja2 pages

1/2 911-wp-5322-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5322 OF 2022 ...

Sharadchandra Y.Sharma and ors.

...Petitioners

v/s.

The State of Maharashtra & Anr.

...Respondents

...

Mr.Tejas Dande a/w Bharat Gadhavi, Vishal Navale, Aniket Aghade, Chinmay Deshpande, Vikrant Khare i/b Tejas Dande & Associates for the Petitioners.

Mr.A.A.Alaspurkar, AGP for the State.

...

CORAM : A.A. SAYED & ABHAY AHUJA, JJ.

DATED : 29 APRIL 2022 P.C.:

The Petitioners are seeking the following reliefs: "a) Record in respect of Government Resolution dated 17th December 2021 bearing No.SRV-2021/C No.61/Office 12 and the Examination Application forms submitted by the Petitioner Nos.1 & 2 with Respondent No.2 may kindly be called for; b) After considering the legality, validity and proprietary of the Government resolution dated 17th December 2021 bearing No.RV2021/C No.61/Office 12, this Hon'ble Court may kindly be pleased to issue writ of certiorari or writ in the nature of certiorari or any writ, order or direction in the like nature may kindly be passed thereby quashing and setting aside and/or rid down para 1 of Government Resolution dated 17-12-2021 to the extent of prescribing the cutoff date of 17-12-2021 for granting One Time Age Relaxation; c) That this Hon'ble Court may kindly be pleased to issue writ of Uday.P.Kambli 1/2

2/2 911-wp-5322-2022.doc mandamus or writ in the nature of mandamus or any other writ, order or direction in like nature thereby directing the Respondents to extend the benefit of age relaxation to all candidates including the Petitioners who have crossed the age limit during the period between 01-032020 till 01-06-2022; d) That this Hon'ble Court may kindly be pleased to hold and declare that the Petitioner Nos.1 and 2 are entitled to apply and participate in the selection process pursuant to Advertisement dated 18-02-2022 bearing No.017/2022 for the post of `Range Forest Officer' (Forest Service) and direct the Respondent No.2 to consider the candidature of the Petitioner Nos.1 and 2 for the post of `Range Forest Officer' (Forest Service);"

2.

The case of the Petitioner is squarely covered by the judgment of a co-ordinate Bench of this Court in Writ Petition No.1117 of 2022 (Sandhya Manohar Waghchoure v/s. State of Maharashtra, through its General Administration Department and Anr.), wherein the challenge to the GR dated 17-12-2021 has been repelled on the ground that the fixation of the date for operation of a particular GR is a matter of Government Policy. In view of the above, no reliefs can be granted to the Petitioners in the present Petition. The Petition is accordingly dismissed. (ABHAY AHUJA,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2