Shobhabai Pandharinath Shinde @ Shobhabai Nivrutti Kamble v. Pradnya Niketan Shikshan Sanstha Through Its Secretary R M Lonikar And Others

{1} ra2117.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 21 OF 2017 IN WRIT PETITION NO. 6007 OF 2015 Shobhabai D/o Pandharinath Shinde Applicant

Versus

Pradnya Niketan Shikshan Sanstha Degloor & others Respondents Mr. S. S. Thombre, advocate for the review applicant. Mrs. M. A. Deshpande, AGP for the Respondent Nos. 2 and 3. Respondent No. 1 served.

CORAM : C. V. BHADANG AND SANDIPKUMAR C. MORE, JJ.

DATE : 21 June, 2022.

PC :

This is an application for review of the order dated 5 December, 2016 passed by this Court (Coram: S. V. Gangapurwala & K. L. Wadane, JJ) in Writ Petition No. 6007 of 2016. We have heard learned Counsel for the applicant and the learned AGP. None appears for Respondent No.1, though served. This application can be disposed of on short count as the order under review is based on Government Resolution dated 4 July 2009 which prescribes that 40 years is the maximum age limit for appointment on compassionate grounds.

{2} ra2117.odt The learned Counsel for the applicant points out that the subsequent Government Resolution dated 6 December 2010 was not brought to the notice of this Court. Incidentally, the 2010 Government Resolution prescribes the maximum age limit as 45 years. The learned AGP also points out that in fact the authorities had recommended the appointment on compassionate ground and the challenge was at the instance of the Management i.e. Respondent No.1.

Be that as it may. In view of the fact that the order is based on the Government Resolution dated 4 July 2009 and inasmuch as the subsequent Government Resolution of 2010 was not brought to the notice of this Court, we find the application deserves to be allowed. In the result, the order dated 5 December, 2016 is hereby recalled. Writ Petition No. 6007 of 2015 is restored back to the file. SANDIPKUMAR C. MORE, J.

C. V. BHADANG, J.

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