Deepali Ramesh Pawar v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:7377-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3356 OF 2024 Deepali Ramesh Pawar

VERSUS

The State Of Maharashtra Through Its Principal Secretary And Others Mr. S. S. Thombre, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for Respondent/State Mr. R. K. Ingole, AGP for Respondent No. 3.

CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 1st April, 2024 PER COURT :- 1.

The learned Advocate for the Petitioner submits, on instructions, that the Petitioner seeks leave to delete Respondent Nos.5 to 9, as well as prayer clause 'C'. Leave to delete at the risk of the Petitioner. Amendment be carried out within one week. 2.

The learned AGP submits in response to prayer clause 'B' that the Petitioner has not made out a case of any candidate lower in order of merit qua the Petitioner, who has been appointed as a teacher from the ST category. The Petitioner also does not have this data. The only case canvassed by the Petitioner is that there are several vacancies of teachers from the ST category and if the Petitioner is noticed to be in the order of merit and eligible to be appointed, Respondent No.2 would 43.wp3356.24.odt

consider it.

3.

It goes without saying that if a candidate is eligible for appointment and if the Authorities conclude that the appointment order has to be issued in accordance with the rules applicable, such appointment order can be issued by the said Authority. As such, if the Petitioner is found to be eligible for appointment as a teacher from the ST/woman category and there is no other legal impediment, Respondent No.2 would follow the due procedure and issue an appropriate order. 4.

With the above observations, this Writ Petition is disposed off.

( R. M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. ) ssp 43.wp3356.24.odt