Thakaji Khandu Kolekar And ORS v. The State Of Mah And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2027 OF 2013 THAKAJI KHANDU KOLEKAR AND ORS

VERSUS

THE STATE OF MAH AND ORS ...

Advocate for Petitioners : Mr. Karpe Rahul R. AGP for Respondents- State: Mrs. S. A. Dhumal advocate for respondent No.4: Mr. Manish M. Navandar ...

CORAM

: S. V. GANGAPURWALA & V. K. JADHAV, JJ.

DATE :

17th June, 2015 PER COURT :

1.

Learned counsel for the petitioner states that the petitioners are project affected persons as their lands are acquired for Mula Dam. Respondent No.4 has issued advertisement for filling up the posts from project affected persons category. The respondents committed illegality by filling in all the posts of PAP category from the persons whose lands were acquired for University only. Eligible candidates like petitioners were erroneously not considered. According to learned counsel, respondent No.4 University be directed to appoint petitioners for the post meant for PAP category as there are still vacant posts. 2.

Mr. Navandar, the learned counsel for the university submits that pursuant to advertisement issued in 2008-09, selection process is completed in the year 2010 itself. Learned counsel submits that according to the statute and subsequent letter of Government dated 21.08.2013, the university now will be required to fill in the posts from PAP category in a 1/2

manner that 50% of that 5% posts reserved for PAP category is to be filled in from the project affected persons whose land is acquired for project of respondent No.4 and remaining 50% will be open for all the projected affected persons category.

3.

We have considered the submissions canvassed by the learned counsel for the respective parties.

4.

Selection process pursuant to the advertisement issued in 200809 is already culminated in the year 2010. The Petition itself is filed in the year 2012. Still the posts are available for the PAP category. Letter is issued by the Government dated 21.08.2013 regarding the manner of filling in the posts from PAP category. In case, in future, respondent No.4 fills in the posts from PAP category only, the persons from PAP category like petitioners would be considered for 50 % posts which are reserved for the PAP category.

5.

With this observation, writ petition stands disposed of. No costs. (V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) JPC 2/2