PRITI SUBHASHRAO SAWAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the present petition, the Petitioners challenge the Rule 53(c) of the Bombay High Court Appellate Side Service Rules, 2000 ("the Rules") as ultra-virus Article 14 and 16 of the Constitution of India, 1950. A further mandamus is sought for quashing the decision as communicated vide Communications dtd. 30/10/2021 and 15/11/2021 issued by the Registrar (Administration), High Court of Judicature at Bombay, Nagpur Bench, whereby the remaining waiting list for the posts of clerk was cancelled.

(2.) With a view to understand the controversy in its correct perspective, it is deemed appropriate to briefy state the material facts.

(3.) Based upon the selection process, the Registrar (Administration), Nagpur Bench, published a select list consisting of 64 candidates as also a wait list consisting of another 64 candidates for the post of clerk on 29/11/2019. It is stated that High Court appointed 64 candidates from the select list and 34 candidates from the waiting list as clerks till the end of July, 2021 and that the remaining wait list was not operated, despite the fact that several posts of clerks were lying vacant in the High Court since July, 2021. It is stated that even when the select list and the wait list published on 29/11/2019 was valid for two years from the date of its publication i.e. till 28/11/2021, the same was declared as cancelled as was communicated vide Notifcation dtd. 15/11/2021.