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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.V. GANGAPURWALA, K.L. WADANE, JJ
Durrani Abdullah Khan v. State of Maharashtra
| Table of Content |
|---|
| 1. petition challenges the board's appointment process. (Para 2) |
| 2. arguments about compliance with statutory appointment norms. (Para 3 , 4 , 5 , 6) |
| 3. court's findings on non-compliance with the law. (Para 8 , 16 , 18) |
| 4. discussion on legal interpretation of consultation requirements. (Para 10 , 11 , 12 , 15) |
| 5. court directs proper procedure for the appointment of ceo. (Para 19) |
1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.
2. The petitioner assails the Government Resolution dated 03.01.2017 thereby appointing the respondent No. 3 on deputation as Chief Executive Officer of the respondent No. 2 / the Maharashtra State Board of Wakf, Aurangabad (herein after referred as to the "Board" for the sake of brevity).
3. Mr. Dixit, the learned senior advocate for the petitioner during the course of his erudite arguments put forth following propositions.
(i) The Chief Executive Officer of the respondent No. 2 / Board has to be appointed from the panel of names recommended by the Board as required u / S.23 of the Wakf Act 1995 (for short hereinafter referred as "Act"). Pursuant thereto the board had recommended three names on 24.0
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