Niraj Vivekchand Yambal And Another v. Union Of India And Others

1 935-WP-10418-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10418 OF 2019 NIRAJ VIVEKCHAND YAMBAL AND ANOTHER

VERSUS

UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Dr. Swapnil D. Tawshikar ASG for Respondents : Mr. S. S. Deve AGP for Respondent-State : Mrs. A. V. Gondhalekar ...

CORAM : S. V. GANGAPURWALA & K. K. SONAWANE, JJ DATED : 22nd AUGUST, 2019.

ORDER :- Learned counsel for the petitioners and the respondents are at ad-idem that the petitioners are similarly situated as like petitioners in Writ Petition No. 12117 of 2016 with other connected Writ Petitions, decided under Order dated 03-05-2019.

2.

In light of that, we adopt same course and pass following order - (i) The Writ Petition is allowed. The order of cancellation of the entire examination is set aside to the extent of the petitioners herein.

(ii) The respondents are directed to verify again, whether there are any suspicious circumstances and irregularities in case of the petitioners herein and if no such suspicious circumstances, irregularities or malpractices are found as discussed in the judgment, the selection of the petitioners be restored and further process shall be completed within a period of two months.

2 935-WP-10418-19 (iii) As far as the petitioners in Writ Petition No. 9910 of 2017 are concerned, the respondents shall verify their record as well and if no suspicions circumstances or malpractices as discussed in the judgment are noted in their individual cases, their appointments shall be restored within a period of two months with 50% backwages.

(iv) We anticipate the request for stay of this order. Since we are granting time of two months for verification and giving effect to this order, no separate time is required to be given for obtaining stay order from the superior Court.

(v) Rule is made absolute in the above terms with no order as to costs.

[ K. K. SONAWANE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE rrd