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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.5294 OF 2019

Supriya Vinayak Gawande

Age : 28 years, Occu : Service,

R/o. Petur, Post Sukanegaon,

Tal. Wani, Dist. Yevatmal

.. Petitioner

Versus

1.

The State of Maharashtra

Through its Secretary,

Revenue and Forest Department,

Mantralaya, Mumbai.

2.

The Collector,

Nanded, Dist. Nanded

3.

The Principal Secretary and

Residential Deputy Collector,

District Selection Committee,

Nanded, Tq. and Dist. Nanded

4.

Priyanka Sandipan Bane

Age : 23 years, Occu : Nil,

R/o. Radhamohan Niwas,

Shree Colony, M.G. Road,

Ahmedpur, Dist. Latur

.. Respondents

…

Mr. Balbhim R. Kedar, Advocate for Petitioner

Mrs. R.P. Gour, AGP for Respondent – State

Mr. K.G. Salunke and Mr. Anirudha A. Nimbalkar, Advocate for

Respondent No.4

…

WITH

CIVIL APPLICATION NO.9298 OF 2021

IN

WRIT PETITION NO.5294 OF 2019

...

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CORAM : MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

RESERVED ON : 27-07-2022

PRONOUNCED ON : 02-08-2022

JUDGMENT (PER SANDEEP V. MARNE, J.) :

1.

Heard. Rule. It is made returnable forthwith. Learned

AGP Mrs. Gour and learned advocate Mr. Nimbalkar waive service.

At their joint request the matter is heard finally at the admission

stage.

2.

The petitioner assails order dated 22.04.2019 passed by

the Maharashtra Administrative Tribunal, Bench at Aurangabad in

Original Application No.813 of 2015, which was instituted by

respondent no.4 herein challenging selection as well as appointment

of the petitioner to the post of Talathi and seeking her own

appointment in NT-C Female Category. By order dated 22.04.2019,

the learned Tribunal was pleased to allow the original application

and quashed and set aside selection and appointment of the

petitioner on the post of Talathi. The Tribunal further directed

appointment of respondent no.4 on the post of Talathi in the category

of NT-C Female.

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3.

When the petition came up on 03.05.2019, this Court

passed order directing position as on the date to be maintained till

the next date. The interim protection has been continued from time

to time and due to interim protection the petitioner continues to

work on the post of Talathi till date.

4.

Briefly stated, facts of the case are as follows:

.

An advertisement was published by respondent no.2 on

23.06.2015 for filling up inter alia the post of Talathi. Total 40 posts

of Talathi were advertised divided into various categories and it

appears that one of the posts was reserved for NT-C Female category.

Both, petitioner and respondent no.4 applied in pursuance of the

advertisement.

5.

It is the case of the petitioner that she belongs to NT-C

category and as per the requirement of the advertisement, she was in

possession of Non Creamy Layer status certificate bearing no.7586

issued on 26.06.2013, which was valid upto 31.03.2015 and

accordingly she stated the number of the certificate in the online

application form. Even though the certificate was valid upto

31.03.2015, the petitioner stated in her online application form that

it was valid upto 31.03.2016. Since the advertisement required Non

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Creamy Layer Certificate issued after 01.03.2015, it appears that the

petitioner procured a fresh Non Creamy Layer status Certificate dated

17.07.2015 which was valid upto 31.03.2018.

6.

It is the case of the petitioner that she was not supposed

to upload any certificate along with her online application form and

that mere possession of the certificate was sufficient. The petitioner

further submits that as on the date of document verification she was

in possession of the fresh certificate issued on 17.07.2015, which she

produced during the process of