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2022 Supreme(Bom) 720

DIPANKAR DATTA, M.S.KARNIK
Vikas Balwant Alase – Appellant
Versus
Union of India through Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajendra Deshmukh, Mr. Sayyed Tauseef
For the Respondent: Mr. Anil Sakhare, Mr. Kiran Gandhi, Little and Co. Mr. Neel Helekar, Mr. P. Khosla

Table of Content
1. common issues in ews and sebc recruitment. (Para 1 , 2)
2. ews candidates argue against sebc benefits. (Para 14 , 16)
3. msedcl and state argue sebc's inclusion in ews. (Para 19 , 33 , 34 , 35)
4. judicial principle against retrospective application in recruitment. (Para 45 , 46)
5. court retains ews reservation process integrity. (Para 50 , 51)

JUDGMENT :

M. S. KARNIK, J.

1. Before we state the facts in detail, a birds eye view of the controversy is set out for convenience, considering that a large number of petitions need to be dealt with involving common issues. We are dealing with two groups pitted against each other espousing their respective cause. These writ petitions are clubbed together as common questions are involved. One group pertains to the writ petitions filed by the candidates selected to the posts reserved for Economically Weaker Sections (hereafter ‘EWS’ for short) category, and the other group of writ petitions is filed by the candidates selected/aspiring to the posts reserved for Socially and Educationally Backward Class (hereafter “SEBC” for sho

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