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2026 DAILYLAW 4452 (BOM)

SANTOSH REVANSIDDHA MAMDAPURE v. VOCATIONAL EDUCATION AND TRAINING REGIONAL OFFICE AND OTHERS

WP/1137/2026 · 2026-08-18

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Judgment text

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28-WP-1137-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1137 OF 2026 Santosh Revansiddha Mamdapure ...Petitioner. Versus Vocational Education And Training Regional Oice and Others ...Respondents. —————— Mr. Anant Vadgaonkar with Mr. H. M. Khupsare, for the Petitioner. Mr. Siddheshwar B. Kalel, AGP, for the Respondents-State. —————— Coram : Sharmila U. Deshmukh & Neeraj P. Dhote, JJ. Date : August 18, 2026. P. C. : 1. By this petition, an exception is taken to the order dated 3rd December 2025 passed by the Respondent No.1 and request is made to decide the Petitioner’s application in accordance with the Government Resolution dated 24th February 2023. 2. The learned counsel appearing for the Petitioner would point out the decision of the Hon’ble Division Bench of this Court, Aurangabad Bench dated 8th January 2025, which directed the Appointing Authorities or the Competent Authorities of the Establishments to follow the Government Resolution dated 24th February 2023 and to consider the individual claim objectively. He would further point that the only reason why the Petitioner’s claim has been rejected is that the Gaikwad RD 1 of 3 28-WP-1137-2026.doc Petitioner belongs to ‘Mahadev-Koli’, Scheduled Tribe and the Government Resolution dated 24th February 2023 does not include the Scheduled Tribe for granting relief by way of legal heirs of the safai kamgar. 3. We have perused the impugned order dated 3rd December 2025. The Division Bench order of this Court Aurangabad Bench directs the Appointing Authorities to consider the individual claims objectively in light of the Government Resolution dated 24th February 2023. 4. The Government Resolution dated 24th February 2023 deines the ‘safai kamgar’ to include ‘Scheduled Caste’ and ‘Neo-Buddhist’. However, the deinition of safai kamgar also includes all the safai kamgars, who fall within the deinition of safai kamgar, i.e., the person, who would be carrying out the work of safai kamgar. Pertinently, Clause (3) of Government Resolution dated 24th February 2023 provides for compassionate appointment of the legal heirs of safai kamgar. Even if, assuming that the Petitioner is belonging to the ‘Scheduled Tribe’, which is not included in Clause (1), it cannot be disputed that the Petitioner’s mother was working as safai kamgar and by virtue of Clause (3) of the Government Resolution dated 24th February 2023, the Petitioner, as being the son of safai kamgar would be entitled to compassionate appointment. Gaikwad RD 2 of 3 28-WP-1137-2026.doc 5. In light of the above discussion, the impugned order dated 3rd December 2025 is hereby quashed and set aside. 6. The Respondent No.1-Joint Director, Vocational Education and Training, Regional Oice, Ghole Road, Pune is directed to decide the Petitioner’s application afresh and in light of the observations made in the present order. 7. The application to be decided within a period of two weeks from today. 8. The Writ Petition is allowed in the above terms. [Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.] Gaikwad RD 3 of 3 RAJU DATTATRAYA GAIKWAD Digitally signed by RAJU DATTATRAYA GAIKWAD Date: 2026.08.19 13:59:51 +0530