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2016 Supreme(Bom) 885

ANOOP V.MOHTA, A.A.SAYED
State of Maharashtra – Appellant
Versus
Vijay Ghogre – Respondent


Advocates Appeared:
Mr. Rafiq Dada, Senior Advocate/Spl. Counsel, Mr. Abhinandan B. Vagyani, Govt. Pleader, Mr. C.P. Yadav, AGP, Mr. Vishal B. Thadani, AGP and Ms. Tintina Hazarika.
Mr. A.Y. Sakhare, Senior Advocate, Mr. Amit A. Karande, for the Petitioners in WP 3009/15 and for Respondents No. 16, 17, 19 and 21 in WP 2797/15.
Mr. Rajeev Dhawan, Senior Advocate with Mr. Atul Chitale, Senior Advocate, Mr. C.T. Chandratre, for Respondents No. 1 to 4 in WP 2797/15.
Mr. C.T. Chandratre, for Applicant in CAW 2531/15 in WP 2797/15.
Mr. Nitin Deshpande, for the Applicant in CAW 161/16 in WP 2797/15.
Mr. Ashok N. Katangale with Mr. Arun D. Nagarjun and Mr. A.K. Saxena, for Respondent No. 7 in WP 2797/15.
Mr. S.C. Naidu with Mr. Rahul Tanwani, Mr. Aniketh Poojari, Mr. C.T. Chandratre, for Respondents No. 27 and 28 in WP 2797/15.
Mr. P.V. Suryawanshi, Ms. Savitri I. Gajakosh, for the Applicant in CAW 2301/15 in WP 2797/15.
Mr. A.V. Anturkar, Senior Advocate, Mr. S.B. Deshmukh for the Petitioner in OS WP 1590/15.
Mr. G.K. Masand, Mr. Ajeet Manwani, for the Petitioner in OS WP 3287/04.

JUDGMENT :

ANOOP V. MOHTA, J.

1. All the writ petitions are heard by consent as assigned expressly. The issues are common and, therefore, this concluding common decision.

Introduction of the controversy

2. The constitutional reservation policy always put the respective State Government in imbroglio. It is going to last long, as no one in the present scenario or otherwise is in frame of mind to compromise. Having once granted the constitutionally recognized reservation in diverse areas including in the state employment, its total abolition is unwarrantable and without a solution. The legitimate rights once created and settled, since so many years, just cannot be taken away by a stroke of pen. It is not the case of grant of the reservation in service for the first time but question is of its continuance or discontinuance in part or full. Therefore, the crux of the matter is whether existing reservation policy, in the State employment, can be taken away by declaring such Reservation Statute and the Promotion Circulars, ultra-vires or illegal. To understand such situation and the dil













































































































































































































































































































































































































































































































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