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Bombay High CourtWP/8791/2024disposed off

Uma Prakash Patil And ANR v. The State Of Maharashtra Thr The Additional Chief Secretary And ORS

2025-01-14Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

22 WP-8791-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date: 2025.01.15 14:25:11 +0530 HUSENBASHA RAHAMAN NADAF WRIT PETITION NO. 8791 OF 2024 Uma Prakash Patil And Anr

...Petitioners

Versus

The State Of Maharashtra And Ors

...Respondents

------ Mr. Prashant Bhavake, Advocate for Petitioner. Mr. S.H. Kankal, Assistant Government Pleader for Respondent Nos.1 to 5.

------ CORAM: A.S. CHANDURKAR & M.M. SATHAYE, JJ.

DATE : 14TH JANUARY 2025 P.C. :

1.

One of the contentions urged by the learned counsel for the Petitioners is that name of the Petitioner No.2 - son of the deceased came to be included in the waiting list of candidates seeking appointment on compassionate ground on 30.08.2014. Since the Petitioner No.2 obtained higher qualification, he sought placement of his name from the waiting list of Class IV applicants to the waiting list of Class III applicants. On submitting necessary details, his name was accordingly included. However, by the order dated 21.06.2023 the name of the Petitioner No.2 has been deleted by observing that his initial inclusion itself was incorrect.

2.

In the Original Application filed by the Petitioners, the Maharashtra Administrative Tribunal has proceeded to observe that Husen 1/2

22 WP-8791-2024.doc since substantial time had lapsed, the claim of the Petitioners was not justified.

3.

Prima facie, the issue is with regard to deletion of the Petitioner No.2's name by the order dated 21.06.2023 which would require consideration.

4.

Time is granted to learned counsel for the parties to assist the Court in this regard.

5.

Put up for further consideration on 05/02/2025. (M.M. SATHAYE, J.) (A.S. CHANDURKAR, J.) Husen 2/2