Babasaheb Rama Dolas And ORS v. The State Of Maharashtra Through Its Secretary School Education Dept And Others

2024:BHC-AUG:20045-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 781 OF 2024 IN WP/14718/2023 SANDIP BHANUDAS BHOSALE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPT AND OTHERS AND CIVIL APPLICATION NO. 2856 OF 2024 IN WP/14718/2023 NEELIMA FULSING PAWAR

VERSUS

SANTOSH VASANT CHAVAN AND ORS AND CIVIL APPLICATION NO. 3948 OF 2024 IN WP/14718/2023 SANDIP BHANUDAS BHOSALE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPT AND OTHERS AND CIVIL APPLICATION NO. 4593 OF 2024 IN WP/14718/2023 BABASAHEB RAMA DOLAS AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY SCHOOL EDUCATION DEPT AND OTHERS ....

(2) Mr Sachin Deshmukh, Advocate h/f Mr M. U. Shelke, Advocate for Applicants;

Mr V. M. Kagne, A.G.P. for Respondents /State Mr S. S. Thombre, Advocate for Respondents/Petitioners in WP Mr A. R. Nikam, Advocate for Respondent/Maharashtra State Council for Examination CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 30th August, 2024 PER COURT:

1.

We have heard the learned Advocates for the Applicants and the respective Opponents.

2.

It is undisputed that, all these Applicants are candidates, who are selected under a selection process. If this Court is to allow the Writ Petition and hold that the Advertisement was defective or wrongly issued, and set aside the Advertisement, the selection process pursuant to the Advertisement, will also have to be quashed and set aside and consequentially, the selection of the 328 candidates will be rendered a nullity. In short, their selections will have to be cancelled. If this is a probable result of the Writ Petition, the selected candidates, though do not have a

(3) right to be appointed by their mere selection, will have to be heard since their interests are involved.

3.

In view of the above, these four Civil Applications are allowed. These Applicants be arrayed as Respondents in the Writ Petition. The learned Advocates appearing on behalf of all these Applicants in the Civil Applications, waive issuance of notice and cause their appearance on behalf of the added Respondents in the Writ Petition.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk