1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6372 OF 2008 Kum. Rekha Shahurao Patange .. .. Petitioner Versus 1. The State of Maharashtra and others .. .. Respondents Shri R. T. Deshmukh, Advocate for the Petitioner. Shri S. K. Kadam, A. G. P. for the Respondent Nos. 1 to 3. Shri V. P. Golewar, Advocate for the Respondent Nos. 4 to 12. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. DATE : 03RD AUGUST, 2009. ORAL ORDER [ Per B. R. Gavai, J.] : 1. The petitioner and intervenor claimed appointment as staff nurse from the category of project affected persons. 2. It is the contention of the petitioner and intervenor that though the petitioner and intervenor are project affected persons, 2 the certificates were not issued to them by the District Rehabilitation Officer and as such, they were required to approach this Court. It is submitted that, in view of non availability of certificate the petitioner and intervenor could not produce the project affected persons certificate at the time of scrutiny. 3. It is further submitted that, there are still posts of staff nurse vacant from the category of project affected persons. 4. Taking into consideration the fact that, the certificate could not be produced by the petitioner and intervenor at the stage of scrutiny, due to reasons beyond their control. Therefore, we are inclined to dispose of the petition with following directions. i) The petitioner and intervenor should make representation to the respondent No. 2 for considering their claim from the project affected category. ii) Respondent No. 2 shall consider the representation, if the posts from project affected category are available and if petitioner and intervenor are found eligible. The respondent No. 2 shall take into consideration the peculiar facts and circumstances of the case, while deciding the representation. iii) If representation is made by the petitioner and intervenor within a period of two weeks from today, such representation shall be decided by the respondent No. 2 within a 3 period of two months from the receipt of the representation thereafter. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/August 09