S.M.GAVHANE, J. - (1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
(2.) Since the common question involved in these petitions is in respect of certificate of 5% reservation to Home Guards for recruitment to the post of police constable to be issued by the Additional Superintendent of Police, Ahmednagar or the District General Commandant, Home Guard, Ahmednagar and in respect of office orders/communications dated 21.01.2015, 17.07.2015 and 05.08.2015 issued by the Deputy Commandant General, Home Guard and Commandant General, Home Guard, Maharashtra State, these petitions are being disposed of by this common judgment.
(3.) (i) In Writ Petition No.11802 of 2016, following substantive reliefs are claimed :- C) The communication bearing outward No.623/PS/2016 dated 15.07.2016 as well as outward No.624/PS/2016, dated 15.07.2016 issued may kindly be quashed and set aside. D) x x x x E) The respondent No.3 may kindly be directed to issue the positive verification of the reservation certificates dated 04.03.2016 to the respondent No.4 and 5 holding that, the petitioners are qualified for taking benefits of such reservation certificates. F) The official communication dated 21.01.2015, 17.07.2015 as well as 05.08.2015 may kindly be quashed and set aside to the extent of petitioner's case. G) The respondent No.4 and 5 may kindly be directed to issue appointment orders as well as joining orders in favour of petitioner's as per the selection list dated 10.05.2016 within two weeks. (ii) In writ petition Nos.7269 of 2016, 7270 of 2016 and 7271 of 2016, following substantive reliefs are claimed :- C) The respondent Nos.2 and 3 may kindly be directed to issue the reservation certificates in favour of the petitioners as per the Government Notification dated 14.07.2003. D) The respondent Nos.2 and 3 may kindly be directed to decide the representations dated 27.10.2015, 12.02.2016, 26.05.2015 and 25.11.2015 in accordance with the provisions of Notification dated 14.07.2003 and to issue the reservation certificates in favour of the petitioners. E) The official order outward No.MS/Office- 3/2015/372 dated 21.01.2015, official order No. MS/Office-5/2015/3055 dated 17.07.2015 and also official order No. MS/Office-3/2015/3290 dated 05.08.2015 may kindly be quashed and set aside to the extent of petitioner's case is concerned. F) By appropriate directions or order to hold and declare that, the effect of official order outward No. MS/Office-3/2015/372 dated 21.01.2015, official order No. MS/Office-5/2015 dated 17.07.2015 and also official order No. MS/Office-3/2015/3290 dated 05.08.2015 is not having retrospective in nature and also not affecting the petitioners rights for getting reservation certificates. (iii) In Writ Petition No.4455 of 2018, following substantive reliefs are claimed :- C) The respondent No.3 may kindly be directed to proceed with recruitment process in view of the selection of the petitioner [Exh."H"] page No.87 & 88 under the Home Guard [SC] category and issue the appropriate appointment orders/joining order in favour of the petitioner. D) The respondent No.3 may kindly be directed not to fill-up the post of Police Constable under Home Guard Category, wherein the petitioner is selected in view of selection list [Exh."H"] page no.87 and 88 as well as cut off marks list published by the respondent No.3. E) The respondent No.4 may kindly be directed to issue the Positive Certificate in favour of petitioner under the Home Guard Reservation Category in view of the Circular/Ordinance dated 14.07.2003. F) The official order dated 21.01.2015, 17.07.2015 and 05.08.2015 may kindly be quashed and set aside to the extent of the case of the petitioner. G) The respondent No.3 and 4 may kindly be directed to comply the order dated 12.08.2016 and 21.02.2018 passed by this Hon'ble Court in Writ Petition No.7270 of 2016 and to proceed with the recruitment of the petitioner as a Police Constable in view of the selection list prepared by the respondent No.3 and to issue the joining/appointment order in favour of petitioner within 4 weeks. (iv) In Writ Petition No.5372 of 2018 following substantive reliefs are claimed :- C) The respondent No.4 may kindly be directed to proceed with recruitment process in view of the selection of the petitioner [Exh."H"] under the Home Guard [OBC] Category and issue the appropriate appointment order/joining order in favour of petitioner within stipulated period. D) The respondent No.4 may kindly be directed not to fill-up the post of Police Constable under Home Guard Category, wherein the petitioner is selected in view of selection list [Exh."H"] as well as cut off marks list published by the respondent No.4. E) The recruitment process of Police Constable conducted by the respondent No.4 wherein the petitioner is selected as a Police Constable under the category of Home Guard may kindly be stayed till the final disposal of the instant writ petition. F) The Reservation Certificate bearing outward No.77/PS/JS/A.Nagar/dated 19.08.2016 issued by respondent No.5 may kindly be quashed and set aside and the respondent No.5 may kindly be directed to issue the Positive Reservation Certificate in favour of petitioner under the Home Guard Category in view of the Circular/ Ordinance dated 14.07.2003. G) The official order dated 21.01.2015, 17.07.2015 and 05.08.2015 may kindly be quashed and set aside to the extent of case of the petitioner. H) The respondent Nos.2 and 4 may kindly be directed to comply the order dated 12.08.2016 and 21.02.2018 passed by this Hon'ble Court in Writ Petition No.7270 of 2016 and to proceed with the recruitment of the petitioner as a Police Constable in view of the selection list prepared by the respondent No.4 and to issue the joining/appointment order in favour of petitioner within four weeks. ;