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2023 Supreme(Bom) 1856

MANGESH S. PATIL, SHAILESH P. BRAHME
Sayali Nitin Inamke – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
S.S.Thombre, Advocate, A.S.Shinde, Advocate, Avinash S.Khedkar, Advocate

JUDGMENT/ORDER

SHAILESH P.BRAHME, J. - Rule. Rule is made returnable forthwith. With the consent of the parties heard learned counsel for final disposal at admission stage.

2. The petitioner is challenging judgment and order dtd. 2/3/2016, passed by learned Members of the Administrative Tribunal, Mumbai bench at Aurangabad dismissing her Original Application No. 744 of 2015. The petitioner is aggrieved by exclusion of her name from the selection process for the post of Maharashtra Engineer (Civil Service) Group - A. She has also prayed for the directions to recommend her name as per merit from the open category and simultaneously to cancel the recommendations of the respondent Nos. 3 to 6.

3. The petitioner had filed Original Application No. 744 of 2015 with following contentions :

<WXY>i. She belongs to Other Backward Class (OBC) category. She was holding requisite educational qualification for the post advertised. The respondent no. 3 to 6 are the successful recommended candidates from the open category having less marks than the petitioner.

ii. The respondent No. 2 issued an advertisement No. 62 of 2018 on 13/9/2013 for recruitment of 682 posts. The advertisement provided for horizo

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