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Bombay High CourtWP/477/2024disposed of

Shekar Faldesai v. State Of Goa Thr. The Chief Secretary And ANR

2024-07-24Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Valmiki Menezes2 pages

2024:BHC-GOA:1173-DB Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION 477 OF 2024 Shekar Faldessai

...Petitioner

Versus

State of Goa thr. The Chief Secretary And Anr.

...Respondents

Mr. Chaitanya Prakash Padgaonkar, Advocate with Ms Vaishali Mahato, Advocate for the Petitioners.

Mr Neehal S. Vernekar, Additional Government Advocate for Respondents.

CORAM:

M. S. KARNIK & VALMIKI MENEZES ,JJ.

DATE:

24th JULY, 2024 P.C.:

1.

The grievance of the Petitioner is that though he is eligible to be considered in the Sports category, he was considered in the General category for selection to the post of Lower Division Clerk. 2.

Learned Additional Government Advocate Shri Vernekar submitted that the Petitioner was considered in the General category because, in the form that he had filled up, the Petitioner had stated that he be considered for selection from the General/Sports category. According to learned Additional Government Advocate, the form was not filled up properly by the Petitioner and, therefore, 24th July 2024

the fault clearly lies with the Petitioner. Nonetheless, the Respondents, in all fairness, have no hesitation in considering the Petitioner's candidature as against the Sports category. However, the Petitioner will have to undergo the necessary Computer Typing Test which every candidate has to undergo. Learned Counsel for the Petitioner has some reservations about the submissions of the learned Additional Government Advocate as regards the Petitioner undergoing the Computer Typing Test.

3.

In the light of the stand of the learned Additional Government Advocate that the Respondents are willing to consider the candidature of the Petitioner as against the Sports quota, we feel it appropriate that the selection may proceed. Learned Counsel for the Petitioner submits that he will undergo the selection process without prejudice to his contention that it is not necessary for him to undergo such a test in view of the conditions stipulated in the advertisement. We keep this issue open. The Petitioner to proceed with the selection process. Learned Additional Government Advocate submits that a period of two months is required to complete the selection process. 4.

Keeping all contentions raised in the Petition open, to be agitated at a later stage, if required, the petition stands disposed of. No costs. VALMIKI MENEZES , J.

M. S. KARNIK, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 24/07/2024 19:00:22 24th July 2024