Digambar Bhagwanrao Ghadge v. The State Of Maharashtra Through Principal Secretary And Another

2024:BHC-AUG:22894-DB 10187.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 10187 OF 2024 DIGAMBAR BHAGWANRAO GHADGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND ANOTHER ....

Mr S. B. Ghute, Advocate h/f Mr S. K. Savangikar, Advocate for Petitioners Mr V. M. Kagne, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 20th September, 2024 PER COURT:

1.

Having perused the prayers, we expressed our disinclination since there cannot be a Writ of Mandamus to direct the Authority to include a particular person on an Advisory Body under the provisions of the Rights of Persons with Disabilities Act, 2016 (for short 'the said Act') and the Rules framed thereunder.

2.

The learned A.G.P. submits that the Petitioner is not eligible under Section 66(2)(e)(i) of the said Act. His case was

10187.24wp (2) considered under sub-clause (ii). However, all the 5 positions under the said provision, have been filled in. If the Petitioner moves an application under Section 66(2)(e)(iii) of the said Act, the same could be considered strictly in accordance with the policies applicable.

3.

The learned Advocate for the Petitioner submits on instructions that the Association, of which the Petitioner is a Member, would move a representation under Section 66(2)(e)(iii) to the Competent Authority within one week.

4.

In view of the above, this Writ Petition is disposed off. Needless to state, the Competent Authority would consider the nomination made by the Association, on it's own merits. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk