1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2351 OF 1994. Rafiq S/oVallisab Shaikh, Age 28 years, Occ.Nil, R/o Latur Road, Tq. Chakur, Dist. Latur. ... Petitioner. Versus 1. The State of Maharashtra 2. District Employment Exchange Officer, Employment Exchange Office, Latur. 3. Superintendent of Police, Superintendent of Police Office, Latur, Dist.Latur. ... Respondents. ... Mr.R.R.Suryawanshi, advocate for the petitioner. Mr.K.G.Patil, Asstt.Govt. Pleader for the State. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 16.06.2010. 2 ORAL JUDGMENT (Per B.R.Gavai,J.) 1. The petitioner has approached this Court for direction to the Respondents and particularly to Respondent No.3 to appoint the petitioner on the post as Police constable as per selection with the Respondent No.3 vide selection list dt.15.2.1990. By way of amendment to the petition, thereby seeking the damages to the tune of Rs.12,12,500/- (Rupees twelve lacs twelve thousand five hundred). 2. According to the petitioner, his name was registered with the Employment Exchange. The petitioner was issued call letter on 1.1.1990 for the post of Police constable in the office of Superintendent of Police, Latur. According to the petitioner though he was selected, the fact regarding selection was not communicated and accordingly the petitioner could not join the services. The petitioner further submits that thereafter he approached the Employment Exchange and he was informed that since he was selected to the post of Police constable, his name was struck from the Register of the Employment Exchange. In 3 this background, the petitioner has approached this Court. 2. Mr.Suryawanshi, learned counsel submits that for no fault of the petitioner, the petitioner has been deprived of his opportunity in getting employment and that his name has been struck off from the Register of the Employment Exchange. He, therefore, submits that since the petitioner is age barred, he is entitled to damages. 3. Mr.Patil, learned Asstt.Govt. Pleader, on the contrary submits that Employment Exchange was erroneously informed that petitioner was selected. However, immediately in the year 1991 itself the Employment Exchange has informed that the name of the petitioner was erroneously communicated due to similarity in names. He, therefore, submits that no error would be found with the Respondent. 4. Even on the date on which the Rule was granted, petitioner was beyond the prescribed upper age. However, vide the impugned order this 4 Court directed to deposit Rs.1,00,000/- (Rupees one lac) in this Court. 5. As such the relief which is claimed by the petitioner for grant of appointment is incapable of being granted. In so far as the claim of damages are concerned, we find that it would not be possible for this Court while exercising the extraordinary jurisdiction under Article 226 of the Constitution of India, to find out as whether the petitioner is entitled to damages or not or to quantify the said damages. The said exercise in our view could not be possible unless the parties lead the evidence in this behalf and proves the rival claims. However, since by an interim order, this Court directed an amount of Rs.1,00,000/- (Rupees one lac)to be deposited in this Court and since as a matter of fact in view of the lack or otherwise of communication between the Respondent Nos.2 and 3, name of the petitioner had been struck off from the Register of the Employment Exchange, as a token of violation of the petitioner's right to have been considered against the public 5 employment, we direct that 50% amount deposited in this Court alongwith interest accrued thereon be paid to the petitioner. We clarify that amount so directed to be paid to the petitioner be not construed as damages but as token of violation of the right of the petitioner. The remaining amount of Rs.50% along with the interest accrued thereon is directed to be remitted to the High Court Bar Library. Rule is made absolute in above terms. No order as to costs. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp235194