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Anshuman Jitendra Badgujar v. Solapur Municipal Corporation Throu. Its Municipal Commissioner

2024-02-14Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

919.WP2080_2024.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2080 OF 2024 Anshuman Jitendra Badgujar ... Petitioner

Versus

Solapur Municipal Corporation, through its Municipal Commissioner

...Respondent

Dr. Uday P. Warunjikar a/w. Ms. Sonali R. Chavan i/b. Mr. Siddhesh A. Pilankar for the petitioner.

None for the respondent.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

14 February, 2024 _______________________ P.C.

1.

Issue notice to the respondent, returnable on 28 February, 2024. 2.

The case of the petitioner as set out in the petition and on the documents as placed on record is to the effect that the name of the petitioner is correctly reflected in all the official documents as "Anshuman Jitendra Badgujar". However, when the petitioner filled up the Online Application Form under the advertisement dated 9 November, 2023 inviting applications for recruitment inter alia to the post of Junior Engineer (Automobile) issued by the Solapur Municipal Corporation, the petitioner inadvertently spelled his name as "Anshumanhuman" and such mistake has now been reflected in the admit card.

14 February, 2024

919.WP2080_2024.DOC 3.

Prima facie, there appears to be substance in the contentions as urged on behalf of the petitioner. Merely because there is a bona fide error in filling up the online application form, the petitioner ought not to suffer. In these circumstances, on the admit card as issued by the Solapur Municipal Corporation, the petitioner needs to be permitted to appear for the examination.

4.

Thus, pending the final disposal of the petition, there shall be interim relief in terms of prayer clause (b), which reads thus: "b) During pendency of the above petition, be pleased to allow the present petitioner to appear for the examination scheduled to be held on 15th of February, 2024 and be pleased to direct the respondent herein to consider the candidature of the present petitioner irrespective of the wrong name which has been recorded." 5.

Parties to act on the authenticated copy of the order. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 14 February, 2024 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 14/02/2024 17:15:18