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2022 Supreme(Online)(Bom) 446

HIGH COURT OF BOMBAY
R. D. Dhanuka, S. G. Mehare, JJ
SHAIKH ASHFAQ SHAIKH JAFAR – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent


Advocates:
For the Appellants/Petitioners: Mrs. A. N. Ansari
For the Respondents: Mr. Y. G. Gujarathi, AGP
Mrs. Aparna Sapate holding for Mr. Shrikishan S. Shinde

Table of Content
1. recognition as full time librarians based on chiplunkar committee. (Para 1 , 2 , 3)
2. students exceeding 1000 ensures full time status mandates. (Para 4 , 5 , 6)
3. delayed petitions accepted due to justified conditions. (Para 7 , 8 , 9)
4. previous rulings set precedent for current cases. (Para 10 , 11 , 12)
5. statutory recognition leads to employment status adjustments. (Para 13 , 14 , 15)
6. court grants rights retroactively. (Para 16 , 17 , 18)
ORAL JUDGMENT :

1. Rule. Mr. Y. G. Gujarathi waives service for State. Rest of the respondents are absent though served. No reliefs are sought against other respondents. Rule made returnable forthwith. By consent heard finally.

2. By these petitions filed under Article 226 of the Constitution of India , the petitioners are seeking the status of Full Time Librarian from their respective date of appointment, except few of the petitioners and prays for declaration that the condition imposed in Government Resolution dated 3.8.2006 and more particularly clause Nos. 1, 3 and 4 be declared as unjust, improper, arbitrary, illegal and contrary to the recommendations of Chiplunkar Committee accepted by the Government.

3. The learned

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