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2022 Supreme(Bom) 1230

SUNIL B. SHUKRE, G. A. SANAP
NEETA SANJEEV DIGHE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mihir Desai, P. Sarnath.
For the Respondents: S.S. Bhende, Rui A. Rodrigues, Jainendra Sheth.

JUDGMENT :

G.A. Sanap, J.

1. In this petition, the petitioner has prayed for quashing and setting aside the order dated 6th August, 2011 passed by respondent No. 1, whereby the proposal for de-reservation of the post to which the petitioner was appointed came to be rejected and for a declaration that service of the petitioner as a “Lecturer” in Botany may be confirmed from the date of her initial appointment. The facts are as follows.

2. The petitioner was initially appointed as a Lecturer by respondent No. 5 at respondent No. 6-College on a temporary basis for the period from 29th November, 1990 to 20th April, 1991. The post to which the petitioner was appointed was a reserved post. Before appointment of the petitioner as a Lecturer, since 1985 every year the said reserved post was advertised for more than five years by 1990. The reserved category candidate had not responded to the advertisements and, therefore, the same post could not be filled in.

3. The petitioner after initial appointment was continued for academic years 1991-1992 and 1992-1993. Despite advertisements, as respondent No. 5 did not get the candidate from the reserved category, appointment of the petitioner was conti

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