Kranti Jyot Kamgar Sanghatana Through Its President Mr Dipak Thorat v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:6952-DB 908-WP-14694-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14694 OF 2023 Kranti Jyot Kamgar Sanghatana Through Its President Mr Dipak Thorat

VERSUS

The State Of Maharashtra Through Its Secretary And Another ...

Mr. U. V. Khonde, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for Respondent No. 1 Mr. Y. I. Thole, Advocate for Respondent No. 2 ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : MARCH 27, 2024 PER COURT :

1.

Heard the learned Advocates for the respective sides.

2.

There is no dispute that the Board has to follow a particular procedure under the Act and the Rules, while registering the candidates. Physical fitness of each of the applying person has to be tested. Police verification is required and the reports submitted by the Police with regard to the antecedents and the character of each candidate, have to be given due weightage. Though this may appear to be a short exercise, it is time consuming since the Security

908-WP-14694-2023.odt Guards Board does not have it's own infrastructure and man power to conduct physical fitness of candidates. So also, at times, the police verification reports are generated only after the police authorities complete the exercise. Therefore, the learned advocate for the board submits that putting the Board under a timeline, will expose the Board to contempt proceedings in this Court, since some of the activities are beyond the control of the Board.

3.

Considering the above submissions, this Writ Petition is disposed off. Let the concerned Board deal with each candidate in accordance with the procedure to be followed and the parameters that are to be applied. The exercise of conducting physical fitness and calling for the police reports / verification reports, be conducted expeditiously.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani