Sweety Suryakant Shinde v. Chief Secretary Minister Of Home Dept And ORS

905-wp-15402-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by NIKITA KAILAS DARADE Date:

2024.11.18 18:17:00 +0530 WRIT PETITION NO.15402 0F 2024 NIKITA KAILAS DARADE Sweety Suryakant Shinde @ Gayatri Milind More .....Petitioner Vs.

Chief Secretary Minister of Home Department and Ors. ....Respondents Mr. Kishor Patil i/b Mr. Nikhil M. Pujari for the Petitioner. Mr. B. V. Samant Addl. G. P.

Ms. Savina R. Crasto, AGP for the State.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 14th NOVEMBER, 2024 P.C. :- 1.

We have considered the submissions of the learned Advocates for the respective parties. We are informed by all, that this matter was heard at length by the vacation bench and after a lengthy hearing, a detailed order has been passed on 31st October, 2024.

2.

We have perused the said order passed by the vacation Nikita

905-wp-15402-2024.odt Bench, in the light of the submissions of the learned Counsels for the respective sides, who have taken us through the petition paper book. It is obvious that civil proceedings in relation to certain civil rights involving the Petitioner were pending before the Civil Court and, inadvertently, the Police Department, which was entrusted with the task of assessing the antecedents and the record of the Petitioner, misconstrued the two Civil proceedings as being two criminal proceedings.

3.

The learned AGP representing the Respondent authorities confirms on instructions, that this has occurred out of inadvertence.

4.

In view of the above, this Writ Petition is allowed, for the reasons set out in the interim order dated 31st October, 2024. The Petitioner would be at liberty to participate in the selection process. The Respondent Authorities would be obliged to consider the candidature of the Petitioner on her merits.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Nikita