RAJENDRA versus STATE OF MAHARASHTRA & ORS.

RAJENDRA versus STATE OF MAHARASHTRA & ORS.

The appointment to the post reserved for OBC category was made in accordance with the roster and after obtaining approval; the abrupt withdrawal of approval by the authority after 17 months, without hearing the appellant or assigning any reasons, is not justified and is disapproved; the recruitment ban did not cover posts reserved for backward classes under the relevant Government Resolutions.

Parties
Appellant: Rajendra Vitthal Nemade; Respondents: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
25 March 2008
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment and Review Order Dismissing Writ Petition
Outcome
Appeals allowed
Legal Topics
Cancellation of Appointment, Government Service Recruitment Ban, Reservation for Backward Classes, Natural Justice, Approval Withdrawal
Service Law Cancellation of Appointment Government Service Recruitment Ban Reservation for Backward Classes Natural Justice Approval Withdrawal

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Parties

Rajendra Vitthal Nemade

Appellant

State of Maharashtra & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment and Review Order Dismissing Writ Petition

Legal Issues

  1. 1 Whether the cancellation of the appellant’s appointment as Junior Clerk was correct under Government Resolutions dated 1.3.2000 and 29.6.2000
  2. 2 Whether the post was reserved for OBC category and thus exempted from recruitment ban
  3. 3 Whether the abrupt withdrawal of approval violated principles of natural justice

Ratio Decidendi

The appointment to the post reserved for OBC category was made in accordance with the roster and after obtaining approval; the abrupt withdrawal of approval by the authority after 17 months, without hearing the appellant or assigning any reasons, is not justified and is disapproved; the recruitment ban did not cover posts reserved for backward classes under the relevant Government Resolutions.

Court Disposition

Appeals allowed

Orders

  • Order of Bombay High Court set aside
  • Writ petition allowed