Santosh Shivshankar Gore v. The State Of Maharashtra Through Principal Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO. 2847 OF 2024 SANTOSH SHIVSHANKAR GORE ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS .....Respondents Mr. S. S. Jadhavar, Advocate for the Petitioner Mr. D. R. Korde, AGP for the Respondent Nos. 1 & 3 Mr. S. B. Ghute, Advocate for Respondent Nos. 2 & 4 CORAM :

RAVINDRA V. GHUGE & R. M. JOSHI, JJ.

DATE :

14th MARCH, 2024 P. C.

1.

The Respondent had issued an advertisement No.1/2019 dated 02-03-2019, thereby advertising various posts, on the establishment of the Zilla Parishad, Latur, including three posts of Health Supervisors. One of the three was for the open category. The Petitioner was eligible. However, the State of Maharashtra cancelled the selection process, as well as, the advertisement, purportedly on the ground of general elections.

(2) This was followed by Covid-19 Pandemic. After cancellation of the said advertisement, a new advertisement was published bearing No. 01/2023, dated 24-08-2023. This is the first selection process after the cancellation of the earlier advertisement and the Covid-19 Pandemic.

2.

The State of Maharashtra issued a Government Resolution dated 03-03-2023, directing relaxation of the age in such circumstances, until 31-12-2023. Prima-facie this would render the petitioner eligible. The Petitioner has topped the merit list from the open category. His documents verification is also completed and there was no objection. However, while appointing a candidate to the post of Health Supervisor, Respondent No.5 who is at Sr. No. 2, is said to have been appointed.

3.

Issue notice to the Respondents, returnable on 1504-2024. The learned AGP waives service of notice for Respondent Nos. 1 and 3. Mr. Ghute, learned Advocate waives service of notice for Respondent Nos. 2 and 4.

(3) 4.

The learned Advocate for Respondent Nos. 2 and 4 submits, on instructions, that Respondent No.5 has still not joined duties. The statement is recorded and we direct statusquo to be maintained and that one post shall be kept vacant until further orders.

5.

All office objections to be removed on or before 03-04-2024, failing which, the Writ Petition would stand dismissed without further reference to the Court on 04-04-2024. [R. M. JOSHI, J.] [RAVINDRA V. GHUGE, J.] VishalK/940wp2847.24