Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 6624 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 19616 OF 2017]
RAMA VISHAWANATH DANDGE Appellant (s)
VERSUS
STATE OF MAHARASHTRA AND ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant approached this Court, aggrieved by
the denial of selection and appointment to the post
of Peon. The main contention is that the appellant
is a deserted woman and she belongs to the Scheduled
Caste category. She has three children as well. All
other appointed persons are, according to the
appellant, degree holders whereas the qualification
th
required for the post is only 4 standard.
3. When this matter came up to this Court, the
following order was passed on 16.05.2018 :-
“We request the learned Standing Counsel
appearing on behalf of the respondent-State to
ascertain whether there is any vacancy
available to accommodate the petitioner as a
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.07.16
16:28:58 IST
Reason:
special case, without being treated as a
precedent.
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Post on 12 July, 2018.”
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4. Mr. Nishant R. Katneshwarkar, learned standing
counsel appearing for the State, submits that as of
now, there is no vacancy available. Having regard to
the facts and circumstances of the case, which we have
referred to above, we are of the view that this is a
fit case to invoke our jurisdiction under Article 142
of the Constitution of India, in the interest of
justice and for doing complete justice.
5. Accordingly, this appeal is disposed of with a
direction to the respondent-State to accommodate the
appellant in any one of the arising vacancies in Class
IV in District Buldhana.
6. We make it clear that there may not be any
appointment in Class IV without first accommodating
the appellant. We further make it clear that this
Judgment is passed in the peculiar facts and
circumstances of this case and the same may not be
treated as a precedent.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ SANJAY KISHAN KAUL ]
New Delhi;
July 12, 2018.