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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 6624 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 19616 OF 2017]

RAMA VISHAWANATH DANDGE                       Appellant (s)

                               VERSUS

STATE OF MAHARASHTRA AND ANR.                 Respondent(s)

J U D G M E N T KURIAN, J.

1. Leave granted.

2. The appellant approached this Court, aggrieved by

the denial of selection and appointment to the post

of Peon.  The main contention is that the appellant

is a deserted woman and she belongs to the Scheduled

Caste category.  She has three children as well.  All

other  appointed  persons  are,  according  to  the

appellant, degree holders whereas the qualification

required for the post is only 4th standard.

3. When  this  matter  came  up  to  this  Court,  the

following order was passed on 16.05.2018 :-

“We  request  the  learned  Standing  Counsel

appearing on behalf of the respondent-State to

ascertain  whether  there  is  any  vacancy

available to accommodate the petitioner as a

special  case,  without  being  treated  as  a

precedent.

Post on 12th July, 2018.”

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4. Mr.  Nishant  R.  Katneshwarkar,  learned  standing

counsel appearing for the State, submits that as of

now, there is no vacancy available.  Having regard to

the facts and circumstances of the case, which we have

referred to above, we are of the view that this is a

fit case to invoke our jurisdiction under Article 142

of  the  Constitution  of  India,  in  the  interest  of

justice and for doing complete justice.

5. Accordingly, this appeal is disposed of with a

direction to the respondent-State to accommodate the

appellant in any one of the arising vacancies in Class

IV in District Buldhana.

6. We  make  it  clear  that  there  may  not  be  any

appointment in Class IV without first accommodating

the appellant.  We further make it clear that this

Judgment  is  passed  in  the  peculiar  facts  and

circumstances of this case and the same may not be

treated as a precedent.   

No costs.   

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; July 12, 2018.