Sandesh Gopal Patil And Others v. The State Of Maharashtra And Others

3-wp-9869-15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9869 OF 2015 Sandesh Gopal Patil and others

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. Vinol Patil, Advocate for Petitioner.

Mrs.M.A. Deshpande, AGP for respondent Nos.1 & 2 Mrs.Chaitaly Chaudhari/Kutti for respondent No.3 CORAM : S.V.GANGAPURWALA AND A.M.DHAVALE, JJ.

DATE : APRIL 05, 2018 PER COURT :

1.

The petitioners seek directions against respondent No.1 to take steps for filling in the vacancies of Education Department, Zilla Parishad, and implement 5% reservation meant for Project Affected Persons (PAP) as per the provisions of Maharashtra Project Affected Persons Rehabilitation Act, 1999.

2.

The State has filed an affidavit stating that the proposal is not received from the Zilla Parishad for filling up those posts. The Deputy Collector (Rehabilitation) has filed the affidavit stating that the appointing authority is respondent No.3.

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According to the learned counsel for the respondent No.3, after the posts are sanctioned by the Government, the recruitment process will be taken up. 4.

It is trite that persons from PAP category cannot be appointed directly and they have to compete. 5.

The Zilla Parishad may forward the proposal after following due procedure of law seeking sanction from the Government. The said process shall be done expeditiously. On receipt of the proposal, the Government shall take decision upon it within two months from the date of receipt of said proposal.

6.

Upon granting sanction to the posts to be filled in, the recruitment process be undertaken by the Zilla Parishad. The case of the petitioners shall be considered as per the eligibility, qualification and all relevant aspects however, as per the policy and law.

7.

The Writ Petition is accordingly disposed of. No costs.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) mta