{1} wp4816-23.doc drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4816 OF 2023 Vinod Bhujang Kharmate PETITIONER VERSUS Vasantrao Naik Marathwada Krishi Vidyapeeth Through its Registrar and Another RESPONDENTS ....... Mr. T. K. Rathod, Advocate for the Petitioner Mr. N. D. Batule, AGP for Respondent - State Mr. Manish N. Navandar, Advocate for Respondents No.1 and 2 ....… [CORAM : NITIN B. SURYAWANSHI, & ABASAHEB D. SHINDE, J. J.] DATE : 30 th SEPTEMBER, 2026 ORDER : 1. By this Petition, the Petitioner seeks direction to the Respondent authority to appoint him on the post of Senior Clerk. 2. Undisputed facts are that, the Petitioner had applied pursuant to the advertisement dated 4th December, 2014 for the post of Senior Clerk. In the selection process, the Petitioner secured 184 marks so also another candidate namely Ganesh Kute secured 184 marks. 3. Ganesh Kute filed Writ Petition No. 7281 of 2020 seeking a writ of mandamus against Respondent No.2 University to accept 2026:BHC-AUG:46337-DB {2} wp4816-23.doc photo copy of non crème layer certificate and affidavit of the Petitioner. This Court, by order dated 13th October, 2021, allowed the Writ Petition and issued necessary directions to the Respondents therein. 4. The University thereafter filed Review Application No. 98 of 2022, seeking recall of the order passed by this Court in favour of Ganesh Kute. Review Application was allowed by this Court vide order dated 12th July, 2024 and recalled the order dated 13th October, 2021 and restored the Writ Petition, which is tagged along with the present Writ Petition and the same is dismissed for want of prosecution. 5. The Respondent University has filed affidavit in reply, making the following statements: “23. I say and submit that, as per University Order No. 2020/ Nis/Parc 7/Aastha-10 dated 21.07.2020 2020 /NisGat K and dated 25.08.2020, a selection Committee has been constituted with the following details regarding the recruitment process for the post of Group C and D. On 21st October 2020 at exactly 11.00 a.m., a meeting of the Selection Committee was held at the Administrative Building, Hall No. 17, Forestry, Parbhani under the Chairmanship of the Selection Committee Group C and D, to recommend the appointment of a candidate for the post of Senior Clerk under the University. {3} wp4816-23.doc That, for the post of Senior Clerk from NT-D & General (NT-D) names of 8 Candidates were appearing. The candidate at Sr. Nos. 1 and 2 were from Open General Category at Sr. Nos 3 Shri Ganesh Kute was listed who was declared as Ineligible. That, at Serial No.4 is the petitioner who is declared as Eligible. That, Sr. No.3 Shri Ganesh Kute and petitioner at Sr. No.4 both scored 184 marks in written examination.” 6. In the light of the aforesaid statements that Ganesh Kute is declared as ineligible and the Petitioner is declared as eligible, the Writ Petition is allowed by directing the Respondent University to issue appointment order to the Petitioner on the post of Senior Clerk, within a period of 8 weeks from the date of receipt of copy of this order. [ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp4816-23.doc