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Bombay High CourtWP/8888/2025disposed off

Ansari Sana Bano Md. Ismail v. The State Of Maharashtra Thro. The Secretary

2025-07-09Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL CIVIL WRIT PETITION NO. 8888 OF 2025 Ansari Sana Bano Md. Ismail ..

Petitioner

Versus

by VASANT ANANDRAO IDHOL Date:

2025.07.16 20:47:04 +0530 State of Maharashtra and others ..

Respondents ----- Mr.Narendra V. Bandiwadekar, Sr. Advocate with Vinayak R. Kumbhar, Rajendra B. Khaire, Aniket S. Phaphale i/b Ashwini N. Bandiwadekar for the Petitioner.

Mr.P.P. Kakade, Addl. G.P with Shri S.H. Kankal, Addl. G.P for the State.

----- CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ DATED : 9th JULY, 2025 P.C:- 1.

We have perused the impugned order dated 2nd April, 2024. Heard the learned Advocates/AGP.

2.

There is no dispute that the Petitioner was appointed on 15th June, 2018 as a Laboratory Assistant. The impugned order is based on the impression that there was a ban imposed by the State Government on recruitment during the Covid Pandemic and hence, the Petitioner could not have been recruited. Apparently, the VAI

2/2 21 wp 8888-25.odt concerned Authority has lost sight of the fact that the Petitioner was appointed on 15th June, 2018 and the legal position with regard to the grant of approval is to be considered in connection with the said date of appointment.

3.

In view of above, the impugned order dated 2nd April, 2024 is quashed and set aside. The proposal rendered by the Management seeking approval to the appointment of the Petitioner as a Laboratory Assistant on 15th June, 2018 is restored to the file of Respondent No.3. Let the said Authority consider the case of Petitioner with reference to the date of appointment and pass a reasoned order within a period of 45 days from today. 4.

In the event the approval is rejected, the aggrieved Party would be at liberty to avail of the remedy as is permissible in law. In the event the approval is granted, the concerned Authorities including the Management, would initiate steps for grant of Shalartha I.D, expeditiously.

(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J) VAI