1. 2. 3. 4. 1. 2. Chavan Shubham Diliprao Age 19 years, occ. Nil v. The State of Maharashtra Rural Development Department, Mantral
Case Details
- 1 - wp5612.21.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5612 OF 2021 1. 2. 3. 4. 1. 2. Chavan Shubham Diliprao Age 19 years, occ. Nil R/o Sara Vaibhav, Jatwada Road, Harsul Tq. & Dist. Aurangabad. Vivek Bharat Gavhane Age 21 years, Occ. Nil R/o Shikshak Nagar, Tq. Sillod, Dist. Aurangabad. Kajal Viay Warkad Age 20 years, Occ. Nil R/o A/P Khirdi,Khultabad Tq. Khultabad, Dist. Aurangabad. Rajnikant Vitthal Dalvi Age 32 years, occ. Nil R/o Kekat Jalgaon, Tq. Paithan, Dist. Aurangabad. Versus The State of Maharashtra Rural Development Department, Mantralaya Mumbai 32. Through its Secretary The Chief Executive Offcer, Zilla Parishad, Aurangabad.
Legal Reasoning
delivered by this Court in Dnyaneshwar Ramkishan Musane vs. State of Maharashtra and others, 2020(5) Mh.L.J. 381, this Court has concluded that the Government Resolution dated 20th May, 2015, prohibiting alteration in the name of eligible candidate, is held to be unsustainable. In particular set of facts, this Court has held that change in the candidate by way of replacement, subject to the eligibility of the candidate, is permissible. - 6 - wp5612.21.odt 9. As such, this petition is partly allowed to the extent of the request made by petitioner No. 1 namely Shubham Diliprao Chavan and petitioner No. 3 Kajal Viay Warkad. 10. We make it clear that we are passing this order on the basis of the additional affdavit placed before us indicating that Vandana Chavan and Rekha Warkad have crossed the age of 45 years. In the event, the Zilla Parishad stumbles across any information that these statements were false, we grant liberty to the Zilla Parishad to delete the names of the candidates whose request we have considered on the representation made before us. 11. Consequentially, the names of Shubham Diliprao Chavan and Kajal Viay Warkad shall be introduced by way of a replacement in the place of Vandana Chavan and Rekha Warkad. Needless to state, their position in the wait list of eligible candidates would not be altered. 12. Rule is made partly absolute in above terms. ( S. G. DIGE ) Judge dyb ( RAVINDRA V. GHUGE ) Judge
Arguments
Mr. A. R. Syed, Advocate for the petitioners. Mrs. R. P. Gour, AGP for respondent No. 1. Mr. U. B. Bondar, Advocate for respondent No. 2. Petitioners Respondents - 2 - wp5612.21.odt CORAM : RAVINDRA V. GHUGE & S. G. DIGE, JJ. DATE : 22nd APRIL, 2022. ORAL JUDGMENT : ( Per : Ravindra V. Ghuge, J.) 1. Rule. Rule made returnable forthwith and heard fnally by the consent of the parties. 2. On 18th April, 2022, we had passed the following order :- “1. Four different candidates, whose individual biological fathers have passed away, are before this Court. The eligible candidates from the family (mothers of petitioner nos. 1, 2 and 3 along with real brother of petitioner no. 4) have already been enlisted. All of them claim to be medically unft. Three claim to be age barred. The Medical Practitioner, namely, Dr. S. S. Ghorpade from Aurangabad has issued one certifcate and two certifcates have been issued by the Medical Offcer from the Civil Hospital, Aurangabad. All these four persons are purportedly suffering from cervical spondylosis. One of them is suffering from fatty liver. Much can be said about the said medical certifcates and claims of all four enlisted persons. - 3 - wp5612.21.odt 2. Therefore, Vandana Dilip Chavan, Meenabai Bharat Gavhane, Rekha Viay Warkad and Ghanshyam Vitthal Dalvi are directed to produce their birth certifcates and Aadhar cards. 3. We are listing this petition on 22nd April, 2022 in the passing orders category. 3. The learned Advocate for the petitioners has fled an additional affdavit along with the documents indicating the dates of birth of the original legal heirs who have been enlisted in the list of eligible candidates for appointment on compassionate basis. For ready reference, the candidates and their dates of birth gathered from paragraph No. 2 of the additional affdavit in reply, are reproduced hereunder :- Sr. No. Name of the dependent in wait list Date of birth Age Serial No. in wail list 1. Vandana Chavan 28.01.1975 47 years 2. Meenabai Gahane 11.11.1980 42 years 3. Rekha Warkad 20.04.1974 48 years 4. Ghanshyam Vitthal Dalvi 05.04.1981 41 years 8 9 23 4 4. Insofar as the medical certifcates tendered by the petitioners, they indicate that the above candidates are all suffering - 4 - wp5612.21.odt from a common ailment which is cervical spondylosis. Having considered the medical certifcates, it is common knowledge that cervical spondylosis is not a crippling disease or would not disable a person from working, unless the illness has reached such a proportion that the person cannot move. A glimpse of the medical certifcates, does not convince that these candidates have reached a stage whereby their illness has crippled them. 5. Considering the chart reproduced above, we fnd that Vandana Chavan and Rekha Warkad have crossed the age of 45 years and, therefore, they would be debarred by age from being appointed on compassionate basis. 6. The learned Advocate representing the Zilla Parishad has vehemently opposed this petition. He submits that the bread earners of the families of these four petitioners, have passed away between 12 to 14 years ago. The very purpose of granting compassionate appointment is now lost. He contends that the Honourable Supreme Court has laid down a law in catena of judgments that compassionate appointment cannot be granted after a passage of a long time since the - 5 - wp5612.21.odt very purpose of such appointment is lost and no individual has a right to compassionate appointment. 7. In principle, the learned Advocate representing Zilla Parishad is sound in his submissions. However, the petition before us pertains to a request of the originally enlisted candidates to be replaced by their son/daughter on the ground that these candidates are unwell and two of them are age barred. Since we are convinced that none of these candidates have such a medical ailment that their names deserve to be replaced, a request on this ground is rejected. 8. Insofar as the ground of being age barred, we fnd that Vandana Chavan and Rekha Warkad are age barred. By an order