Mahadev S/O Eknath Kandelkar v. The State Of Maharashtra, Thr. The Secretary, Dept. Of Tribal Devpt., Mumbai And Others

1 WP-4300-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4300 of 2024 [Mahadev S/o Eknath Kandelkar VERSUS The State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order Registrar's orders.

Shri G.N. Sonawane, Counsel for Petitioner.

Shri A.A. Madiwale, Assistant Government Pleader for Respondent Nos.1 and 2.

CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

D ATE : 20 th JULY, 2024 1.

Heard Shri G.N. Sonawane, learned counsel appearing for the petitioner.

2.

In 2005, after the tribe claim of the petitioner as that of belonging to 'Koli Mahadeo' was rejected, the petitioner submitted a certificate as that of belonging to 'Koli' Special Backward Class (SBC). Based on the same, it is the contention of the counsel for the petitioner that the services of the petitioner were placed in SBC Category, which are now, by the impugned order, in view of change in policy of the State Government, placed on supernumerary post.

3.

The counsel for the petitioner would claim that once the petitioner's candidature was placed in SBC Category, it is not open for the respondents to place the services of the petitioner on supernumerary post in view of change in policy of the State Government.

2 WP-4300-2024.odt 4.

Issue notice for final disposal of the matter, to the respondents, returnable on 19-8-2024.

5.

Shri A.A. Madiwale, learned Assistant Government Pleader, waives service of notice for the respondent Nos.1 and 2. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR Signed by: Prashant D. Lanjewar Designation: Senior Pvt. Secretary Date: 20/07/2024 16:57:14