Sudam Babarao Renge v. The State Of Mah And ORS

wp2783.11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 2783 OF 2011 Sudam s/o Babarao Renge

...Petitioner

VERSUS

The State of Maharashtra & others

...Respondents

.....

Smt. M.R.Jamdhade, advocate for Petitioner Shri S.K.Kadam, A.G.P. for respondent nos. 1 to 3 .....

CORAM : MOHIT S.SHAH, C.J.

AND A.V.NIRGUDE, J.

DATED : 27 th August, 2015 O R D E R :

1] By this petition under Article 226 of the Constitution of India, the petitioner prayed for direction to the respondent nos. 1, 2 and 4 to appoint the petitioner either on the post of Laboratory Technician or any other suitable post by filling the reservation under the category of Project Affected Persons. 2] Learned A.G.P. submits that in view of the judgment, dated 26.6/9.7.2009 of Full Bench of this Court in

wp2783.11 Rajendra Pandurang Pagare and Another vs State of Maharashtra and Others [2009 (4) Bom.C.R. 928], the project affected persons cannot be appointed without advertising the post, and therefore, petitioner is not entitled to the Writ of Mandamus as prayed for.

Learned A.G.P. submits that as and when advertisement is published, the petitioner will be at liberty to apply in response to such an advertisement which may be issued by the respondents for inviting applications for filling in the posts under the respondents.

3] In view of the above submissions, the petition is dismissed.

[A.V.NIRGUDE, J.] CHIEF JUSTICE dbm/wp2783.11