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2025 Supreme(Bom) 723

HIGH COURT OF BOMBAY
RAVINDRA V. GHUGEHON'BLE, ASHWIN DAMODAR BHOBE
Nita Gopalrao Dalvi – Appellant
Versus
State of Maharashtra Thr School Education And Sports Dept. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Satyajeet A.Rajeshirke with Mr.Gautam R. Kulkarni and Mr.Shubham R. Vasekar
For the Respondent:Mr. P.P.Kakade, Addl.GP with Mr.A.K.Naik, AGP for Respondent Nos.1 to 4, State. Mr.Niranjan Jadhao

JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

2. On 20th February, 2025, in the backdrop of the order dated 29th January, 2025, we had passed the following order :

“1. We had passed an order on 16th October, 2024 and issued notice. For the last four months, the State has not filed any reply though we had initially granted time till12th November, 2024.

2. Respondent No.2 has filed an affidavit on a limited point of invalidation of the Petitioner’s sports certificate. The aspect that the Petitioner has scored 107 marks and is already in the select list from the general category and, therefore, she has been appointed by the Buldhana Zilla Parishad because the cutoff marks for appointment with the said Zilla Parishad is 104, has not been dealt with. No reply has been filed by the State on this point despite the fact that this Court has delivered a judgment in Vijay Appaso Dhavale v/s. State of Maharashtra and Ors., 2021 SCC OnLine Bom. 6071.

3. In Vijay Appaso (supra), reliance was placed on the judgment of the Hon’ble Supreme Court in Saurav Yadav v/s. State of Uttar Pradesh, (2021) 4 SCC 542 more particularly, th

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