Sidhanath Raosaheb Mane v. The State Of Maharashtra And Others

2934.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 WRIT PETITION NO.2934 OF 2022 SIDHANATH RAOSAHEB MANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr S. S. Shinde, Advocate for petitioner;

Mr S. K. Tambe, A.G.P. for respondent Nos.1 & 2 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 24th February, 2023 PER COURT:

1.

The petitioner prays for issuance of a Writ of Mandamus under Article 226 of the Constitution of India, to direct a Private Management Trust, to fill up a post of a 'Clerk'. Since respondent No.3 would not fall within the definition of the 'State' under Article 12 of the Constitution of India, and since a right to be considered for promotion, is not a fundamental right, a Writ cannot be issued against a Private Society.

2.

This petition is, therefore, disposed off, with liberty to the petitioner to pursue the Management and/or the Education Officer. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk