Bombay High CourtSandip Madhukarrao Dandale vs The Collector, Amravati And Another on 17 September, 2009Author:A.P. LavandeBench:A.P. Lavande,P.D. Kode1

         IN THE HIGH COURT OF JUDICATURE AT
                       BOMBAY




                                                                        
                 NAGPUR BENCH : NAGPUR




                                                
    (1) Writ Petition No.2397/2001




                                               
    Haribhau s/o Shamraoji Kalambe,
    Aged about 28 years,
    Occupation - Nil,
    Resident of Morshi (Pethpura),
    Tahsil - Morshi,




                                          
    District - Amravati.                   ..      Petitioner
                                
                          ..Versus ..

    1.   The Collector,
                               
         Amravati.

    2.   Zilla Parishad,
         Amravati, through
         its Chief Executive Officer.      ..   Respondents
           
        



                          ..........

    (2) Writ Petition No.2398/2001

    Pravin s/o Vinayakrao Gadve,





    Aged about 25 years,
    Occupation - Nil,
    Resident of Morshi,
    Tahsil - Morshi,
    District - Amravati.                   ..      Petitioner





                          .. Versus ..


    1.   The Collector,
         Amravati.




                                                ::: Downloaded on - 02/08/2016 16:45:11 :::
                                        2

    2.   Zilla Parishad,
         Amravati, through
         its Chief Executive Officer.      ..   Respondents




                                                                        
                          ..........




                                                
    (3) Writ Petition No.2399/2001


    Radheshyam s/o Wasudeorao Raut,




                                               
    Aged about 24 years,
    Occupation - Nil,
    Resident of Dapori,
    Tahsil - Morshi,




                                          
    District - Amravati.                   ..      Petitioner

                          .. Versus ..
                                
    1.   The Collector,
                               
         Amravati.

    2.   Zilla Parishad,
         Amravati, through
           

         its Chief Executive Officer.      ..   Respondents
        



                          ..........

    (4) Writ Petition No.2400/2001





    Praveen s/o Chantrapati Sathawane,
    Aged about 23 years,
    Occupation - Nil,
    Resident of Morshi,
    Tahsil - Morshi,





    District - Amravati.                   ..      Petitioner

                          .. Versus ..


    1.   The Collector,
         Amravati.




                                                ::: Downloaded on - 02/08/2016 16:45:11 :::
                                        3


    2.   Zilla Parishad,
         Amravati, through




                                                                           
         its Chief Executive Officer.         ..   Respondents

                          .................




                                                   
    (5) Writ Petition No.2401/2001




                                                  
    Umeshwar s/o Bhujangrao Pawade,
    Aged about 23 years,
    Occupation - Nil,




                                             
    Resident of Pralaswada,
    Tahsil - Warud,
    District - Amravati.         ig           ..      Petitioner

                          .. Versus ..
                               
    1.   The Collector,
         Amravati.
           

    2.   Zilla Parishad,
         Amravati, through
        



         its Chief Executive Officer.         ..   Respondents


                          ..........





    (6) Writ Petition No.2402/2001

    Sandip s/o Madhukarrao Dandale,
    Aged about 28 years,
    Occupation - Nil,





    Resident of Warud,
    Tahsil - Warud,
    District - Amravati.                      ..      Petitioner


                          .. Versus ..




                                                   ::: Downloaded on - 02/08/2016 16:45:11 :::
                                        4


    1.   The Collector,
         Amravati.




                                                                        
    2.   Zilla Parishad,
         Amravati, through




                                                
         its Chief Executive Officer.      ..   Respondents

                          ..........




                                               
    (7) Writ Petition No.2404/2001


    Ramvijay s/o Digambarrao Gedam,




                                          
    Aged about 28 years,
    Occupation - Nil,
    Resident of Mayawadi,       
    Tahsil - Moshi,
    District - Amravati.                   ..      Petitioner
                               
                          .. Versus ..


    1.   The Collector,
           

         Amravati.
        



    2.   Zilla Parishad,
         Amravati, through
         its Chief Executive Officer.      ..   Respondents





                          ..........

    (8) Writ Petition No.2405/2001

    Rajesh s/o Ramdhanji Sharma,
    Aged about 28 years,





    Occupation - Nil,
    Resident of Benoda,
    Tahsil - Warud,
    District - Amravati.                   ..      Petitioner




                                                ::: Downloaded on - 02/08/2016 16:45:11 :::
                                        5

                          .. Versus ..




                                                                        
    1.   The Collector,
         Amravati.




                                                
    2.   Zilla Parishad,
         Amravati, through
         its Chief Executive Officer.      ..   Respondents




                                               
                          ..........


    (9) Writ Petition No.2406/2001




                                          
    Aruna d/o Bhimrao Dakhode,
    Aged about 28 years,        
    Occupation - Nil,
    Resident of Surwadi,
    Tahsil - Moshi,
                               
    District - Amravati.                   ..      Petitioner

                          .. Versus ..
           


    1.   The Collector,
        



         Amravati.

    2.   Zilla Parishad,
         Amravati, through





         its Chief Executive Officer.      ..   Respondents

                          ..........


    (10) Writ Petition No.2407/2001





    Anil s/o Chandrabhanji Dandale,
    Aged about 28 years,
    Occupation - Nil,
    Resident of Hiwarkheda,
    Tahsil - Moshi,
    District - Amravati.                   ..      Petitioner




                                                ::: Downloaded on - 02/08/2016 16:45:11 :::
                                          6


                          .. Versus ..




                                                                            
    1.   The Collector,
         Amravati.




                                                    
    2.   Zilla Parishad,
         Amravati, through
         its Chief Executive Officer.        ..     Respondents




                                                   
                          ..........




                                            
    (11) Writ Petition No.2421/2001

                                
    Gajanan s/o Rameshwarrao Gharad,
    Aged about 26 years,
    Occupation - Nil,
                               
    Resident of Shigori,
    Tahsil - Warud,
    District - Amravati.                     ..        Petitioner
           

                          .. Versus ..
        



    1.   The Collector,
         Amravati.





    2.   Zilla Parishad,
         Amravati, through
         its Chief Executive Officer.        ..     Respondents

                          ............





    Mr. N.R. Saboo, Advocate for the petitioners,

    Mrs. S.S. Wandile, Mr. A.D. Sonak and Mrs. K.S. Joshi,
    Assistant Government Pleaders for respondent no.1,

    None for respondent no.2.
                      ..........




                                                    ::: Downloaded on - 02/08/2016 16:45:11 :::
                                 7

    CORAM : A.P. LAVANDE AND P.D. KODE, JJ
    DATED :    SEPTEMBER 17, 2009




                                                                          
    ORAL JUDGMENT : (PER : A.P. Lavande, J)1.        Heard learned counsel for the petitioners and




                                                 
    learned Assistant Government Pleaders for respondent

    no.1. None appears for respondent no.2.2.        All these Writ Petitions are being disposed of by
                            
    common judgment since the facts and the issues involved
                           
    in the above petitions are identical.3.        The petitioners have filed above writ petitions
        



    seeking direction against the respondents to appoint them

    forthwith in Class-III and IV posts against the posts





    reserved for project affected persons.4.        The grievance made by the petitioners in these





    petitions is that although in terms of the seniority list

    prepared in respect of project affected persons, the

    petitioners were entitled to be appointed by respondent

    no.2, respondent no.2 followed policy of pick and choose::: Downloaded on - 02/08/2016 16:45:11 :::8and made appointments for the post reserved for project

    affected persons without following the seniority list.5.         Mr. Saboo invited our attention to Government

    Resolution dated 18th July, 2008 issued by the State of




                                                     
    Maharashtra in the light of Division Bench judgment of this

    court in the case of Sunil s/o Eknath Patil alias




                                          
    Chaudhary .vrs. State of Maharashtra and others,

    2008(5) Mh.L.J. 436 and submitted that respondent no.2
                            
    is bound to fill up the posts reserved for project affected
                           
    persons after complying with Clause (3) (i) & (ii) of the

    said resolution.6.         Mr. Saboo, learned counsel for the petitioners

    submitted that the respondents are also bound to fill up





    the posts in terms of the Full Bench judgment delivered by

    this Court in the case of Rajendra Pandurang Pagare

    and another .vrs. State of Maharashtra and others,





    2009 (4) Mh.L.J. 961. The Full Bench has held that in

    respect of the posts reserved for project affected persons,

    an advertisement must be issued so as to enable all the

    eligible   candidates   from    that   category     to     submit::: Downloaded on - 02/08/2016 16:45:11 :::9applications and the selection has to be made on merits

    taking   into   consideration    the   qualification    of     the




                                                                            
    candidates and not on the basis of seniority.7.       The    learned   Assistant    Government      Pleaders




                                                   
    appearing on behalf of respondent no.1 submit that in view

    of the Government Resolution dated 18th July, 2008 which




                                          
    has been issued pursuant to the Division Bench of this

    Court in the case of Sunil Patil (supra) and the Full
                              
    Bench decision in the case of Rajendra Pagare (supra),
                             
    they have no objection if the petitions are disposed of by

    giving appropriate directions.8.       In view of the above, we dispose of all the

    petitions by passing the following order :Respondent No.2 shall fill up the posts reserved

    for project affected persons in Class-III and IV cadres in

    terms of the Government Resolution dated 18th July, 2008





    issued by the State of Maharashtra and in terms of the Full

    Bench decision in the case of Rajendra Pagare and

    another (supra).::: Downloaded on - 02/08/2016 16:45:11 :::109.       Writ Petitions stand disposed of in aforesaid

    terms with no order as to costs.JUDGE                       JUDGE




                                             
                            .......::: Downloaded on - 02/08/2016 16:45:11 :::