RAJENDRA PANDURANG PAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The following issue is referred to this Larger Bench : "Whether project affected persons can be appointed without advertising the posts, ignoring their qualifications and merit."

(2.) Writ Petition No. 7472/2007, Sunil vs. State of Maharashtra, 2008 5 MhLJ 436 was filed in this Court by some project affected persons, challenging the advertisement dated 17th August, 2007, issued by the District Collector, Jalgaon, and the District Selection Committee for Jalgaon, challenging the requirement of submitting application and competing with other candidates from the said category as provided in the said advertisement. A direction was also sought to fill in 5% of the posts of Clerk-cum-Typist and Talathi from the project affected persons category, on the basis of seniority as mentioned in the register maintained by the respondent No. 2 (District Collector, Jalgaon).

(3.) The Division Bench of this Court, after considering the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (For short, hereinafter referred to as "the said Act") and various Government Resolutions/ Circulars issued in that regard, upheld the contention of the petitioners, that the project affected persons were not required to go through regular selection process, for appointments to the posts from "priority quota" offered to them by the said Act, and allowed the petition with the following directions :