Babasaheb Dnyanoba Gaikwad And Others v. The Union Of India And Others

1 WP12117.2016&OrsOperative Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

(1) WRIT PETITION NO.12117 OF 2016 Prakash s/o Bhagaji Wani & Ors.

Petitioners..

Respondents..

AND

(2) WRIT PETITION NO.30 OF 2017 Bhagwan s/o Dhondiba Ghuge & Ors.

Respondents..

(3) CONTEMPT PETITION NO. 663 OF 2017 IN WRIT PETITION NO. 9837 OF 2017 Changdev Pandurang Choure & Ors.

Ananta Narayan Nanda & Ors.

...Respondents

2 WP12117.2016&OrsOperative Order

(4) WRIT PETITION NO.9447 OF 2017 Bharat s/o Baliram Chavan & Ors.

... Respondents

(5) WRIT PETITION NO.9837 OF 2017 Rahul s/o Anantrao Kale & Ors.

... Respondents

(6) WRIT PETITION NO.9910 OF 2017 Amit s/o Rajendra Dongre & Ors.

... Respondents Shri. Shrihari Aney, Sr. Counsel with Shri. Surendra Pardhy and Shri. Kuldeepsing K. Kamare i/b Shaikh Mazhar A. Jahagirdar,

3 WP12117.2016&OrsOperative Order Advocate for the petitioners.

(7) WRIT PETITION NO. 10373 OF 2017 Shivpratap S/o Ganpat Jadhwar & Ors.

... Respondents

(8) WRIT PETITION NO. 11801 OF 2017 Maroti S/o Devidas Kalyankar & Ors.

... Respondents

(9) WRIT PETITION NO. 13060 OF 2017 Babasaheb s/o Dnyanoba Gaikwad & Ors.

... Respondents

4 WP12117.2016&OrsOperative Order CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE OF RESERVING THE JUDGMENT : 28th February, 2019 DATE OF PRONOUNCING THE JUDGMENT : 03rd MAY, 2019 OPERATIVE ORDER:- 1.

All the Writ Petitions are allowed. The order of cancellation of the entire examination is set aside to the extent of the petitioners herein.

2.

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.

3.

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. 4.

In the facts and circumstances, we do not want to take any cognizance of the contempt. Hence, the Contempt Petition No. 663 of 2017 is dismissed.

5.

We anticipate the request for stay of this order. Since we are granting time of two months for verification and giving effect to

5 WP12117.2016&OrsOperative Order this order, no separate time is required to be given for obtaining stay order from the superior Court.

6.

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

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde