Research › Search › Judgment

Bombay High Court · body

2021 DIGILAW 1333 (BOM)

Nilesh Kishorraoji Dhongde v. State of Maharashtra

2021-10-11

ANIL SATYAVIJAY KILOR, S.B.SHUKRE

body2021
JUDGMENT S.B. Shukre, J. - Heard Shri Bhende, learned Counsel for the petitioners, and Smt. Joshi, learned I/c. Government Pleader for the respondent nos. 1 to 3. 2. Rule, returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties. 3. The contention of the petitioners is that their sports eligibility certificates have been cancelled by passing non-speaking and unreasoned orders and that too, not on final consideration of the material available, but only upon prima facie consideration thereof, which is not permissible in law. 4. Smt. Joshi, learned I/c. Government Pleader for the respondent nos. 1 to 3, states that an alternate remedy in the nature of appeal before the Joint Director, Directorate of Sports and Youth Services, Pune has been provided and the petitioners are well aware of it as they were informed about existence of remedy of appeal vide impugned communications. 5. A bare perusal of the impugned communications does show that remedy of appeal is available and it would be appropriate that this petition is sent to the Joint Director, Directorate of Sports and Youth Services, Pune treating it as an appeal, for appropriate decision. Accordingly, the petition is partly allowed. The Joint Director, Directorate of Sports and Youth Services, Pune is directed to treat this petition as an appeal filed before him and decide the same in accordance with law, after giving due opportunity of hearing to the petitioners, within two weeks from the date of appearance of the petitioners. The petitioners to appear before the Joint Director, Directorate of Sports and Youth Services, Pune on 25th October, 2021. Rule accordingly. No costs.