Sandeep Gautam Hiwrale v. The National Commission For Scheduled Castes Through Its Director And Others

2025:BHC-AUG:8525-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO.12667 OF 2021 Sandeep Gautam Hiwrale, Age 32 years, Occ. Service, R/o. House No. H-40, Shivshankar Colony, Behind Tanaji Chowk, Near Buddha Vihar, Aurangabad, Tq. & Dist. Aurangabad-43 005 .. PETITIONER

VERSUS

1.

The National Commission for Scheduled Castes, State Office (Maharashtra and Goa), Kendriya Sadan, "A" Wing, opp. Akurdi Railway station, Nigdi Pradhikaran Pune Through its Director.

2.

Navodaya Vidyalaya Samiti, (an Autonomous Organisation under Ministry of Education now (Earstwhile Ministry of H.R.D.) Department of School Education and Literacy, Government of India), B-15, Institutional Area, G.B.Nagar, Sector-62, Noida, Uttar Pradesh-201309 Through its Commissioner.

3.

Navodaya Vidyalay Samiti, Regional Office, Pune Through its Deputy Commissioner, Bhavani Peth Telephone Exchange Building, 1st & 2nd Floor, Gurunanak Nagar, Bhavani Peth, Raut Road, (Near Poona College), Pune-411042. .. RESPONDENTS ...

Mr.M.S.Shaikh, Advocate holding for Mr. Sachin S. Deshmukh, Advocate for the petitioner.

Mr. Anilkumar B.Dhongade, Advocate for respondent nos.2 and 3.

...

CORAM : ALOK ARADHE, CJ. & ARUN R. PEDNEKER, J.

DATE : MARCH 21, 2025 ORDER : [Per : Arun R. Pedneker, J.] 1.

Heard the learned counsel for the petitioner and the learned counsel for respondent nos. 2 and 3. 2.

By this petition, the petitioner seeks direction to the respondent nos. 2 and 3 to issue appointment order in favour of the petitioner to the post of TGT (Marathi) pursuant to the advertisement.

3.

The learned counsel for the petitioner submits that in the month of March, 2012, the respondents issued an advertisement for the posts of TGT [Marathi] for Pune, Bhopal, Chandigad and Jaipur Region and the reservations were provided for various categories for the said post. There were total 16 vacancies. He submits that the petitioner participated in the selection process from the scheduled caste category and that he was at serial no.14 in the list and at serial no.2 in the category of scheduled caste. The petitioner was called for interview in the year 2013. It is stated that 14 persons are appointed, however, the petitioner is not appointed. The learned counsel for the

petitioner further submits that although he is at serial no.2 in Scheduled Caste Category he is not selected. He further submits that two posts of TGT [Marathi] are still vacant and that direction be issued to the respondent nos. 2 and 3 for selection of the petitioner on the said post. He further submits that he was making various communications with the concerned and no response has given by the said authority, therefore, the present writ petition is filed. 4.

The cause of action to file the present writ petition arose in the year, 2013, however, he has approached this Court in November, 2021. The present writ petition is filed after a period of 8 years from the cause of action. Even on merits, no post is reserved for scheduled caste category as is seen from the advertisement. Considering this aspect of the matter, no direction can be made to the respondents to fill in the post of scheduled caste category. There is also gross delay in filing the present petition. Hence, the present writ petition is dismissed. (ARUN R. PEDNEKER, J.) (CHIEF JUSTICE) DDC