Case Note & Summary
The petitioner, Manisha Namdevrao Chole, filed a writ petition seeking a mandamus directing the respondents to consider her claim for appointment to the post of Arogya Sevak (Women) from OBC and Project Affected Category. She also sought inclusion of her name in the final selection list and issuance of an appointment order. The petition was heard by a division bench of the Bombay High Court at Aurangabad. The court, after hearing the parties, allowed the petition and directed the respondents to consider the petitioner's claim in accordance with law. The judgment was pronounced on 19 October 2015.
Headnote
A) Service Law - Appointment - Reservation - Project Affected Category - The petitioner, a project affected person belonging to OBC, applied for the post of Arogya Sevak (Women) but was not selected. The court considered whether the selection committee failed to consider her claim under the Project Affected Category. Held that the respondents must consider the petitioner's claim for appointment from OBC and Project Affected Category in accordance with law. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to be considered for appointment to the post of Arogya Sevak (Women) from OBC and Project Affected Category.
Final Decision
The petition is allowed. Rule is made absolute. The respondents are directed to consider the claim of the petitioner for appointment on the post of Arogya Sevak (Women) from OBC as well as Project Affected Category, in accordance with law, and consequently, the petitioner be issued such appointment order.
Law Points
- Reservation
- Project Affected Category
- OBC
- Appointment
- Mandamus
Case Details
2015 LawText (BOM) (10) 20
WRIT PETITION NO.10843 OF 2014
Mr. Anand V. Patil Indrale for Petitioner, Mr. V.H.Dighe, AGP for Respondent / State, Mr. D.S.Mali for Respondent Nos.2 & 4
The State of Maharashtra, The Zilla Parishad, Latur, The District Selection Committee, Latur, The District Selection Committee / District Health Officer, Deputy Collector [Rehabilitation], Latur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking mandamus for consideration of appointment.
Remedy Sought
Petitioner seeks direction to respondents to consider her claim for appointment to the post of Arogya Sevak (Women) from OBC and Project Affected Category and to include her name in the final selection list.
Filing Reason
Petitioner was not considered for appointment despite being eligible under OBC and Project Affected Category.
Issues
Whether the petitioner is entitled to be considered for appointment to the post of Arogya Sevak (Women) from OBC and Project Affected Category.
Submissions/Arguments
Petitioner argued that her claim for appointment under OBC and Project Affected Category was not considered by the respondents.
Ratio Decidendi
The court held that the respondents must consider the petitioner's claim for appointment from OBC and Project Affected Category in accordance with law.
Judgment Excerpts
This Petition is filed with following prayer: B] By issuing a writ of mandamus or any other appropriate writ, order or directions the respondents No.2 to 4 be directed to consider the claim of petitioner for appointment on the post of Arogya Sevak [women] form OBC as well as Project Affected Category, in accordance with law and consequently, the petitioner be issued such appointment order and for that purpose necessary directions be issued.
Procedural History
The petition was filed on an unspecified date, heard on 13.10.2015, and pronounced on 19.10.2015.
