Nitesh M. Kathane v. The Registrar General, Bombay High Court, Mumbai And Another

922-WP-2840-2025.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (W) No. 2206 of 2025 in WRIT PETITION NO. 2840 of 2025 Nitesh K. Kathane vs.

The Registrar General, Bombay High Court, Mumbai and anr. ------------------------------------------------------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for petitioner/applicant. Mr. Arjun Sambre, Advocate h/f Mr. Abhay Sambre, Advocate for respondent nos. 1 and 2. ------------------------------------------------------------------------------------------------------- CORAM :- ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE :- 16th SEPTEMBER, 2025 Heard learned counsel appearing for the parties. 2.

In the present writ petition, the petitioner is praying for quashing and setting aside the order dated 28.01.2025 passed by the learned Principal Judge, Family Court, Nagpur, reverting the petitioner from the post of 'Junior Clerk' to the post of 'Bailiff' with effect from 29.01.2025. 3.

This Court, while issuing the notice in writ petition vide order dated 30.05.2025, directed the respondent no.2 that the appointments made vide order dated 28.05.2025 shall be subject to the final outcome of the present writ petition. It was further directed to incorporate such condition in the appointment order.

4.

During the pendency of this writ petition, the process for filling-up of two vacancies is being undertaken by the respondent no.2 and tomorrow, i.e. 17.09.2025 is the date on which the examination, i.e. typing test, for such post is scheduled to be held.

5.

By way of present application, the petitioner is seeking permission to appear in the said examination. According to the petitioner, the respondent no.2 is not permitting the petitioner to appear in the said examination. It is further argued that such permission shall be subject to the result of the present writ petition.

922-WP-2840-2025.odt 2 6.

Considering the prayer made in the application by the petitioner, we are of the opinion that the petitioner shall get an opportunity to appear in the examination, i.e. typing test, for the post of 'Junior Clerk' and result of such examination shall be subject to the final outcome of the writ petition so far as the petitioner is concerned.

7.

Accordingly, we allow Civil Application No. 2206 of 2025. The respondent no.2 is directed to allow the petitioner to appear in the said examination for the post of 'Junior Clerk'. The result of such examination shall be subject to the final outcome of the writ petition so far as the petitioner is concerned.

8.

Learned counsel appearing for the respondents shall communicate this order to the respondents.

9.

Authenticated copy of this order be furnished to the parties. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Andurkar.