Sukhdev Arjun Shinde v. The State Of Maharashtra And Anothers

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12273 OF 2015 Sukhdev Arjun Shinde .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Ms. Surti Zainab M, Advocate for the Petitioner. Shri B. V. Virdhe, A.G.P. for the Respondent No. 1. Shri S. S. Thombre, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 28TH SEPTEMBER, 2016.

PER COURT :

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The learned counsel for the petitioner states that, the petitioner is 100% blind. The petitioner filed representation with the respondent No. 2/university on 22.09.2014 to give appointment to the petitioner in the cadre of Class - IV on the post reserved for blind. The learned counsel submits that, there is no impediment to the respondent No. 2 to allow the petitioner to work atleast on temporary post till the vacant posts are filled in by following due procedure of law. According to the learned counsel, till this date nothing is placed on record by the respondent No. 2 showing that, process of appointing regularly selected candidate is going on.

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Mr. Thombre, the learned counsel for the respondent No. 2/university submits that, earlier affidavit filed on record was under misconception and true and correct facts were not placed in the said affidavit. An advertisement was issued for filling posts of Class - IV category long back and as per the said advertisement applications were invited and more than 483 applications are received for Class IV category. The same is under process and the said process would be completed within a period of four months from today.

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This Court would not be in a position to give any directions to the university to directly appoint any candidate without following due procedure of law. As the process has already commenced and it would be completed within four months from today, it would not be possible to pass any orders in favour of the petitioner. The writ petition is disposed of. No costs. [ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Sept. 16