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2018 Supreme(Bom) 2350

B.P.DHARMADHIKARI, SWAPNA JOSHI
Pramod Hemraj Wath – Appellant
Versus
Deputy Director Vocational Education And Training, Nagpur – Respondent


Advocates Appeared:
Jitendra Matale, Adv., R.S. Parsodkar, Adv., A.R. Kulkarni, Adv.

JUDGMENT

B.P. Dharmadhikari , J -The facts show that the employer of petitioner, i.e. respondent nos. 2 & 3 received permission dated 12.2.1999 from respondent no.1 to fill in the post and accordingly, they immediately issued advertisement on 13.5.1999. In response to the selection process conducted, appointment order was issued to petitioner on 10.1.2000. The appointment order was in purely temporary capacity. Proposal was submitted for approval and it was sent back on 11.4.2000 by respondent no.2. Major objection raised is about lack of experience. The proposal was resubmitted and respondent nos. 3 & 4 pointed out their minority status and also submitted that petitioner was duly qualified. It appears that on 20.8.2001 again proposal was sent back. However, at that juncture no objection on the ground of absence of experience was raised. On 12.6.2002 sanction has been refused by inviting attention to the policy decision of Government dated 29.6.2000. By said policy decision, State Government did not permit recruitment on posts which were lying vacant in excess of six months prior to 29.2.2000. It is in this backdrop that petitioner has approached this Court.

2. This Court has on 27.

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