Ramakant Madhavrao Kachave v. The State Of Maharashtra And Anothers

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.976 OF 2016 Ramakant s/o. Madhavrao Kachave, Age : 39 years, Occ. Agri., r/o. Lanji, Tq. Ahmedpur, Dist. Latur ..Petitioner Vs.

1. The State of Maharashtra, through the Secretary, Home Department, Mantralaya, Mumbai - 32

2. The Sub-Divisional Magistrate, Ahmedpur Division, Ahmedpur, Tq. Ahmedpur, Dist. Latur ..Respondents -- Mr.D.A.Mane, Advocate for petitioner Mr.A.S.Shinde, AGP for respondent nos.1 and 2 -- CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : FEBRUARY 10, 2017 ORDER :

Heard.

2.

This petition is filed for challenging change in the reservation by the respondents for the post of Police Patil for village Lanji.

2 17-WP-976.odt 3.

Heard both sides.

4.

It is the case of the petitioner, who is from village Lanji, Tq. Ahmedpur, Dist.Latur, that when the advertisement was published for fillingup the post of Police Patil for village Lanji in the year 2006, it was shown that the said post was reserved for NT-A category. It is contended that one Balaji Kachve belonging to NT-A reserved category, was appointed on the post of Police Patil for village Lanji. The said Balaji resigned from that post on 30.02.2014. A fresh advertisement was published on 23.12.2015 for filling-up the said post and in the advertisement, the post was shown to be reserved for NT-B woman candidate.

5.

It is the grievance of the petitioner that he belongs to NT-A category and the reservation for the said post could not have been changed as the said Balaji could have worked on

3 17-WP-976.odt the said post for ten years and therefore, it needs to be presumed that the reservation for the said post for village Lanji is for ten years. 6.

The learned AGP submits that as per the policy decision of the State Government, the reservation is given on the basis of the population of a reserved category in a particular village. He submits that the respondents found that a candidate from NT-A category needs to be appointed for village Par as it was having population of 185 persons of this category as against the total population of 474 persons. He further submits that in village Lanji, there is population of 174 persons of NT-B category as against the total population of 1529 persons and therefore, the post of Police Patil for village Lanji was reserved for NT-B women category.

7.

Upon considering the submissions of the learned Counsel for both sides, it appears that

4 17-WP-976.odt the reservation for the post of Police Patil has been changed as per the policy of the State Government. We do not find anything wrong in changing the reservation. In our view, therefore, no interference is called for in exercise of jurisdiction under Article 226 of the Constitution of India.

8.

The Writ Petition stands dismissed.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp