Ram Deepak Agrawal And ORS v. The State Of Maha. Thr. Sec. General Administration Dept. And ANR

20.15549.22-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.12.20 10:52:31 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15549 OF 2022 BASAVRAJ GURAPPA PATIL Ram Deepak Agrawal & Ors.

..... Petitioners Vs.

The State of Maharashtra & Ors.

..... Respondents Mr. Ashwin V. Sakolkar for the Petitioner Mr. M. M. Pable, AGP for the State

CORAM:

S.V.GANGAPURWALA, ACJ & S.G.CHAPALGAONKAR, J.

DATED :

DECEMBER 19, 2022 P.C.

We have heard Mr.Sakolkar, the learned Counsel for the Petitioners and the learned GP for the Respondents. Mr. Sakolkar, learned counsel submits that the Petitioners had applied from EWS category. This Court, under its order dated December 1, 2022 in Writ Petition No.14772 of 2022 had restrained the Government from issuing any appointment letters to fill up the quota of 111 posts reserved for the candidates of EWS by SBEC candidates till a final decision is pronounced by the Tribunal on the Original Application.

The learned Counsel for the Petitioners submits that there are only 94 candidates of SEBC and the posts meant for EWS are 111. Even otherwise, beyond 94 posts, the EWS candidates can always be considered. The learned Counsel submits that the Petitioners are Basavraj 1/2

20.15549.22-wp.docx top 17 candidates in the EWS. Even otherwise, they would be given appointment. The Respondents may be directed to consider the case of the Petitioners.

The learned AGP submits that the matter is already pending before the Tribunal. This Court, under the said order dated 1st December 2022 had observed that the SEBC candidates can approach the appropriate forum, if they are entitled to be considered for appointment on open posts but are not considered. The issue is already sub judice before the Tribunal. The Tribunal can consider the case of the Petitioners also on the ground of excess seats available in EWS category i.e. seats which are available more than the seats available for SEBC candidates. As the Tribunal is already seized with the matter, it is for the Tribunal to consider the issue raised by the Petitioners. In light of that, the Writ Petition is disposed of with liberty to the Petitioners to approach the appropriate Forum / Tribunal. In that event all contentions are kept open.

The parties to act on an authenticated copy of this order. (S.G.CHAPALGAONKAR, J) (ACTING CHIEF JUSTICE) Basavraj 2/2