Supriya Tanaji Kaypalwad v. The State Of Maharashtra And Others

1 955-wpst 13320-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 13320 OF 2020 Supriya Tanaji Kaypalwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Chandrakant R. Thorat, Advocate for the Petitioner. Mr. D. R. Kale, G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 13th AUGUST, 2020.

PER COURT:- .

Heard Mr. Thorat, the learned counsel for the petitioner and the learned in-charge Government Pleader for respondents. 2.

It appears that the authorities have misread the order of this Court dated 06.03.2020 passed in Writ Petition No. 8000 of 2019. 3.

The petitioner is already issued with the validity certificate. The validity certificate was revoked. The same was challenged in Writ Petition No. 8000 of 2019. This Court under order dated 06.03.2020 set aside the order revoking /withdrawing the validity granted in favour of the petitioner and observed that if the committee wants to

2 955-wpst 13320-2020.odt take up fresh proceeding for recalling / withdrawing the validity already granted to the petitioner, the committee shall issue show cause notice and after obtaining details from the petitioner take decision afresh.

4.

It is submitted by the learned counsel for the petitioner that the committee has not thereafter issued show cause notice and has not taken further proceeding. The learned counsel further submits that in the last week show cause notice is received by the petitioner from the committee.

5.

Be that as it may, today the validity certificate issued in favour of the petitioner stands. In the light of that, the respondents would not have any impediment to consider the petitioner for the post for which the petitioner is selected.

6.

In the light of the above, we pass the following order. 7.

In case, the petitioner is selected for the post of Tahsildar and there is no other impediment, then the respondents are at liberty to issue appointment order to the petitioner considering the fact that the validity certificate granted to the petitioner is valid as on today. In case, further proceeding is taken up by the committee, the appointing authority can take further course of action depending upon the

3 955-wpst 13320-2020.odt judgment of the committee.

8.

Writ petition accordingly is disposed of. No costs. ( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.