Vishnu Pandurang Zodage v. The State Of Maharashtra And Others
1 wp 10957.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 988 WRIT PETITION NO.10957 OF 2021 VISHNU PANDURANG ZODAGE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner: Mr. Vibhute Sunil M. AGP for Respondents: Mr. P. K. Lakhotiya ...
CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.
DATE:
01st OCTOBER, 2021 PER COURT:
1.
The learned Advocate for the petitioner submits that the proceedings have been referred to by the employer before the Scrutiny Committee for validation. The petitioner is not being issued the appointment order only on the ground that the validation proceedings are pending and the petitioner has to produce the validity certificate. The same is contrary to Clause-16 of the advertisement and the Government Resolution dated 12.12.2011.
2.
We have considered the submissions canvassed by the learned Advocate for the petitioner and the learned A.G.P. for the respondents. We have also perused the Government Resolution dated 12.12.2011 which says that in case the candidate is selected
2 wp 10957.2021 from reserved category then subject to the said candidate producing validity certificate, appointment order can be issued. Considering the above, we pass the following orderORDER [I] Respondent no. 2 - Committee shall decide the validation proceedings of the petitioner expeditiously and preferably within one (01) year. The petitioner shall co-operate in expeditious disposal of the said proceedings. [II] In case the petitioner is otherwise eligible and competent to be appointed pursuant to the selection process, then the appointment of the petitioner shall not be withheld only on the ground that the validation proceedings are pending. In that case, the respondent can issue provisional appointment order to the petitioner subject to the decision of the Committee in the validation proceedings.
3.
Writ Petition accordingly stands disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe