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2006 Supreme(Bom) 295

D.Y.CHANDRACHUD, F.I.REBELLO
JAYASHREE L. KATARE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

F. I. REBELLO, J.

( 1 ) RULE. Heard forthwith.

( 2 ) THE petitioner has passed M. B. B. S. examination and also completed diploma in Public Health. Petitioner belongs to notified NT-C category. From the year 1990 upto the year 1994, the "dhanagar" caste came to be included in nt category and continues to be so. The NT category in the year 1994 came to be bifurcated as NT-A, NT-B, NT-C and NT-D. Insofar as petitioner is concerned, she falls in a category of NT-C which carries reservation of 3. 5%. The case of the petitioner is that on 100 pt. roster, there ought to be reservation of 3 to 4 posts out of 100. On 29-3-1997, the respondent-State passed a resolution providing for 100 pt. Roster system to be made applicable to direct recruitment and 50 pt. roster system for the purpose of promotions. The G. R. also provided that the backlog, if any, for direct appointments should be considered while implementing the said G. R.

( 3 ) IT is the case of the petitioner that between the year 1994 to 1998, 97+3 posts of Deputy Collectors were notified. If 100 Pt. Roster system was applied then 3 posts should have been allotted to NT-C category. However, only two posts came to be allott







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