Miss Nita Gopalrao Dalvi v. The State Of Maharashtra Thr School Education And Sports Dept. And ORS
Digitally signed by GAURI AMIT GAEKWAD Date:
2025.02.25 15:02:14 +0530 GAURI AMIT GAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14185 OF 2024 Nita Gopalrao Dalvi ....Petitioner
Versus
The State of Maharashtra & Ors.
....Respondents ---- Mr. Satyajeet A. Rajeshirke a/w. Mr. Gautam R. Kulkarni and Mr. Shubham R. Vasekar for the Petitioner.
Mr. A.K. Naik, AGP for Respondent Nos.1 to 4. Mr. Niranjan Jadhav for Respondent Nos.5 and 6 (through video conferencing).
---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 20th FEBRUARY, 2025 P.C. :- 1.
We had passed an order on 16th October, 2024 and issued notice. For the last four months, the State has not filed any reply though we had initially granted time till 12th November, 2024. 2.
Respondent No.2 has filed an affidavit on a limited point of invalidation of the Petitioner's sports certificate. The aspect that the Petitioner has scored 107 marks and is already in the select list from the general category and, therefore, she has been appointed by the Buldhana Zilla Parishad because the cutoff marks for appointment with the said Zilla Parishad is 104, has not been dealt
with. No reply has been filed by the State on this point despite the fact that this Court has delivered a judgment in Vijay Appaso Dhavale v/s. State of Maharashtra and Ors.1 3.
In Vijay Appaso (supra), reliance was placed on the judgment of the Hon'ble Supreme Court in Saurav Yadav v/s. State of Uttar Pradesh2, more particularly, the observation of the Hon'ble Supreme Court that reservations, both vertical and horizontal, are methods of ensuring representation in public services. These are not to be seen as rigid slots, where a candidate's merit, which otherwise entitles her to be shown in the open general category, is foreclosed, as the consequence would be, if the State's argument is accepted. 4.
Today, the State orally contends that the Petitioner cannot be appointed, though the Petitioner has scored 107 marks and is in the merit list from the general category, ignoring that she is a sportsperson and she had a validated sports certificate, which was subsequently invalidated after her appointment with the Buldhana Zilla Parishad.
2021 SCC OnLine Bom. 6071 (2021) 4 SCC 542
5.
In view of the above, since the State is not filing a reply and the hearing in this matter is truncated, one last chance is granted and at the request of the learned AGP, office to accept the reply since it is being filed tomorrow, i.e., 21st February, 2025. 6.
List this Petition, on the supplementary board, on 26th February, 2025, for further hearing and dictating order. 7.
The ad-interim relief would continue until further orders.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)