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