Dipak S/O Ramchandra Wandile v. State Of Maharashtra, Thr. Secretary, School Education And Sports Dept., Mumbai And Others
1 45 wp 2071-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO.2071/2023 Dipak s/o Ramchandra Wandile Vs.
State of Maharashtra, through Secretary, School Education and Sports Deptt. Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.R. Bhoyar, Advocate for petitioner Shri N.R. Rode, AGP for respondent Nos.1, 3 and 5 Shri N.A. Padhye, Advocate for respondent No.2 Shri C.S. Dhore, Advocate for respondent No.2 CORAM : VINAY JOSHI AND SMT. M.S. JAWALKAR, JJ.. DATE D : 16/07/2024 Heard.
2.
The petitioner has applied in the category of Other Backward Category reserved for the sports person for the post advertised by respondent No.5 for filling 250 posts of Arm Police Constable in the department of State Reserve Police Force. As per clause No. 16.2.1 of the guidelines, the candidate applying through the sports quota is required to fulfill the terms and conditions given in the Government Resolution dated 01/07/2016. The candidate is also required to get verified the sports certificate from the concerned Divisional Deputy Director, Directorate of Sports and Youth Services before applying for the Selection. 3.
It is petitioner's contention that his certificate was duly got verified about his participation in the 28th Senior Maharashtra State Sepak Takraw Championship through Deputy Director, Sports and Youth Services, Nagpur
2 45 wp 2071-2023 Division, Nagpur. The respondent No.4 has organized the said Championship in which the petitioner has participated. It is petitioner's contention that respondent No.4 was affiliated to respondent No.2 Maharashtra Olympic Association and thus though he is eligible, his claim was declined to be verified by respondent No.3 and consequently, no appointment was given by respondent No.5.
4.
The issue agitated before us is whether respondent No.4 Association is affiliated with Respondent No.2 Maharashtra Olympic Association or only associated with them. Several documents have been produced to support the rival claims. However, the petitioner has produced a new Government Resolution dated 20/06/2024, which has modified the condition that the Association either affiliated or associated would be considered for 5% quota. When the petitioner's re-verification was denied by respondent No.3, there was no such Government Resolution diluting the condition of eligibility on account of affiliation. 5.
In view of above, the said exercise needs to be undertaken afresh on the basis of Government Resolution dated 20/06/2024. In the circumstances, we direct respondent No.3- The Commissioner, Directorate of Sports and Youth Service, Maharashtra State, Pune, to submit reverification report within two weeks by considering the modified Government policy vide Government Resolution dated 20/06/2024 and forward petitioner's claim to respondent No.5, if otherwise found suitable.
3 45 wp 2071-2023 6.
The entire exercise shall be completed within four weeks from the date of communication of this order. 7.
The petition stands disposed in about terms.
(SMT. M.S. JAWALKAR, J.) (VINAY JOSHI, J.) R.S. Sahare