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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 343 OF 2025
The Blind Relief Association Nagpur and others
-Vs.-
State of Maharashtra and others
WRIT PETITION NO. 8001 OF 2019
Pawan Ramkrushna Gawande and others
-Vs.-
State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. Adwait S.Manohar, Adv. for the petitioners-WP No.343/2025.
Mr. P.R.Agrawal, Adv.for the petitioners-WP No.8001/2019.
Mr. A.A.Madiwale, AGP for the respondents-State in both petns.
Mr. V.Rathi, Adv. h/f Mr.P.B.Patil, Adv.for the respondent No.5-WP
No.8001/2019.
Mr.Sourabh Rajurkar, Adv. h/f Mr.Anand Parchure, Adv. for the
respondent No.15-WP No.8001/2019.
CORAM : AVINASH G. GHAROTE &
ABHAY J. MANTRI, JJ.
DATE : 3RD APRIL, 2025
In Writ Petition No.8001/2019, the learned AGP for
the respondents-State makes a statement, that the
respondents-State has prepared a wait list for employees to
be appointed in the specially disabled category and in fact
the wait list has been operated by issuing absorption order
to 43 such wait listed candidates, and as of on 27/02/2025,
there was no person available in the wait list. He further,
upon instructions, states that as and when persons are
included in the wait list, the same would be operated by
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granting them orders of adsorptions. The learned AGP to
place on record the list of persons, who have been included
in the wait list and directed to be absorbed.
2. In Writ Petition No.8001 of 2019, Mr.Agrawal,
learned counsel for the petitioners makes a statement, that
all the petitioners have been granted orders of absorptions
and the petitioner Nos.1 to 4 have already joined the
services at the respective institutions. The petitioner Nos.6
and 8 have applied for change of management. Insofar as
the petitioner Nos.5, 7 are concerned the respondents 13 to
16, have refused to join. them. Mr.Sourabh Rajurkar,
appearing for the respondent No.15, seeks time to file his
submissions on record, in respect of the petitioner No.7,
considering which, list the matter on 07/04/2025. It is
made clear that if no reply is filed on 07/04/2025, the
matter would be decided without any reply on behalf of the
respondent No.15, insofar as the claim of the petitioner
No.7 is concerned.
3. Insofar as the petitioner No.5 is concerned, the
relevant management is respondent Nos.13 and 14, who
have not been served, the petitioners to serve them by all
modes of service including hamdast by 07/04/2025.
4. In view of the aforesaid statement by the learned
AGP, that the surplus list has been operated upon by
granting orders of absorption to all those placed therein and
there is no person available in the surplus list, the wait list,
has been operated in view of which, we modify the order
dated 16/10/2024 insofar as the direction as contained in
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para-7 is concerned, by directing the respondents-State to
operate the waiting list, as and when persons are enrolled
therein as early as possible.
5. In Writ Petition No.343 of 2025, since the
statement is made by the learned AGP, that the entire wait
list/surplus list has been operated upon by issuing orders of
absorption to the persons included therein and there is no
one left in the wait/surplus list, and no person, has been
directed to be absorbed in the petitioner-institution, the
prayer of the petitioners in Writ Petition No.343 of 2025 for
grant of NOC for filling in the vacancy, by directing the
respondent Nos.1 and 2 to grant NOC, to the petitioners to
fill in the existing vacancy in terms of the applications at
Annexure-A and B, is allowed which shall be done within a
period of two weeks from today.
6. We, however, caution the respondent Nos.1 and 2,
that such an exercise of grant of NOC, cannot be done in a
casual manner and will have to be done only in case, where
there are no persons available in the wait/surplus list of the
candidates and not otherwise.
7. Writ Petition No.343 of 2025 is accordingly allowed
in the above terms. No costs.
8. List Writ Petition No.8001 of 2019 for further
consideration on 07/04/2025.
(ABHAY J. MANTRI,J) (AVINASH G. GHAROTE, J)
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