Apoorva Vinayak Phadake v. Department For Promotion Of Industry And Internal Trade And ORS

9-WP-13011-2023.DOC Ashvini Narwade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDITION WRIT PETITION NO.13011 OF 2023 Ms. Apoorva V. Phadke ... Petitioner

Versus

Department for Promotion of Industry & Internal Trade, New Delhi & Ors.

...Respondents

Mr. Sourabh Ganpatye for the Petitioner.

Mr. Ashish Mehta a/w. Ms. Aarya More, Mr. Bhushan Walunj for Respondent Nos.1, 2 & 4.

Mr. Rui Rodrigues for Respondent No.5.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

17 JANUARY, 2024 _______________________ P.C.

ASHVINI BAPPASAHEB KAKDE ASHVINI BAPPASAHEB KAKDE Date: 2024.01.18 17:50:53 +0530 1.

We have heard learned Counsel for the parties. Considering the prayers made in the Writ Petition, it appears that the recruitment process has progressed further and is at the second stage. In this view of the matter, it would not be possible for this Court to grant the reliefs as prayed for. 2.

However, in so far as the grievance of the Petitioner in regard to the exclusion of the candidates of pharmacy discipline is concerned, we permit the Petitioner to make a representation to the appropriate authority (Respondent No.1), in so far as the entitlement being sought by the Petitioner in the recruitment to the post of 'Examiner of Patents & Designs Group-A (Gazetted)'. If such representation is made, Respondent No.1 shall consider the same in accordance with law and communicate its decision to the Petitioner within a period of eight weeks from the date of receipt of the representation. 17 January, 2024

9-WP-13011-2023.DOC 3.

All contentions of the Petitioners in that regard are expressly kept open inclusive of all contentions as raised in the present Petition, in the event a need arises to assail any future recruitment process. 4.

Disposed of in the above terms. No costs.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI, J.) 17 January, 2024