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Rupali Santosh Devmore Alias Rupali Shantgonda Desai And ORS v. The State Of Maharashtra Thr The Sec. Women And Child Dev. Dept. And ORS

2025-05-29Hon'Ble Justice Smt Manjusha Ajay Deshpande , Hon'Ble Shri Justice Shree Chandrashekhar4 pages

by VARSHA VIJAY RAJGURU Date:

2025.05.30 22:50:39 +0530 VARSHA VIJAY RAJGURU

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6740 OF 2025 Rupali Santosh Devmore alias Rupali Shantgonda Desai and Ors ... Petitioners vs.

The State of Maharashtra through the Secretary Women and Child Development Department and Ors ... Respondents Mr. Sandeep Koregave a/w. Ms. Pallavi A. Karnajkar for Petitioners. Mr. Abhijeet Naik, for Respondent-State.

Mr. Ramrame Arvind, Assistant Commissioner, ICDS, present. CORAM : GAURI GODSE AND SOMASEKHAR SUNDARESAN, JJ.

DATED : 29th MAY 2025 (VACATION COURT) ORDER:

1.

This petition is filed to challenge the order passed by the Divisional Deputy Commissioner, Women and Child Development and order passed by the Child Development Project Officer, Urban Project Kolhapur-Ichalkaranji declaring the petitioner as ineligible to appear for examination in the promotional post as Mukya Sevika. Learned counsel for the petitioners submits that the petitioners are held ineligible for not passing Hindi and Marathi examination. Learned counsel for the petitioners submits that in the petition Page no. 1 of 4

containing similar facts, the division bench of this court at Aurangabad Bench has granted permission to apply for Hindi and Marathi examination. He submits that by way of interim relief the respondents are also directed to take necessary steps to scrutinize the eligibility of the petitioner in that case, and permit that petitioner to undergo the selection process. He submits that the present petition is covered by the said view taken by the Division Bench. He therefore requests that similar order be passed in this petition. 2.

So far as these petitions are concerned, there is no dispute that those petitioners too are ineligible for not having cleared the Hindi and Marathi examination. We have perused the orders declaring the petitioners as ineligible and also examined the decision of the Division Bench of this court at Aurangabad Bench relied upon by the learned counsel for the petitioner. 3.

Considering the facts of the present case, we are of the view that the petitioners' contentions are covered by the decision of the Division Bench at Aurangabad Bench.

4.

Learned counsel for the petitioners further submits that the last date to file the online application has been extended by respondent no.2 until 31st May 2025. He submits that for making the Page no. 2 of 4

online application, the petitioners are required to upload the provisional eligibility certificate. He submits that due to shortage of time, the petitioner would not be able to upload the application as the issuance of provisional eligibility certificate is yet to be done. He seeks extension of the deadline by atleast one week from 31st May 2025. Needless to record, considering the interim protection granted by this court, respondent nos. 4 and 5 shall issue the provisional eligibility certificate at the earliest and in any case, within four days from today.

4(a). Accordingly, respondent no.2 shall extend date of online application at least by one week from 31st May 2025. 5.

In view of the aforesaid, issue notice to the respondents, returnable on 2nd July 2025.

6.

Learned AGP waives notice on behalf of all the respondents. 7.

The aforesaid directions are issued by way of ad-interim relief. The petitioners' participation and selection process if any shall depend upon the final outcome of this petition. 8.

Learned counsel for the petitioners is at liberty to file appropriate application for tagging this petition with the connected Page no. 3 of 4

petition appending at Aurangabad bench.

(SOMASEKHAR SUNDARESAN, J.) (GAURI GODSE, J.) Page no. 4 of 4