Rajkumar S/O Jayram Tambe vs State Of Mah. Thr. Its Secretary ...
2016 Latest Caselaw 6266 Bom

     2710WP6354.05-Judgment                                                                         1/2


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                              
                            NAGPUR BENCH, NAGPUR.




                                                                    
                          WRIT PETITION NO. 6354    OF    2005

     PETITIONER :-                        Rajkumar S/o Jayram Tambe, aged 39 years,
                                          occ.:   Nil,   R/o   Gohalli,   P.O.Ghutan,   Ta.




                                                                   
                                          Bhivapur, Dist. Nagpur. 

                                             ...VERSUS... 

     RESPONDENTS :-                1.     State of Maharashtra, through its Secretary,




                                                   
                                          For   Revenue   &   Forest   Irrigation   Deptt.
                               ig         Mantralaya, Mumbai.

                                   2.     The Collector, Nagpur District, Nagpur, Civil
                                          Lines, Nagpur. 
                             
                                   3.     District Health Officer & Member Secretary,
                                          District Selection Committee, Zilla Parishad,
                                          Nagpur. 
      

                                   4.     The   Chief   Officer,   Zilla   Parishad,   Nagpur,
                                          Nagpur. 
   



     ---------------------------------------------------------------------------------------------------
                                      None for the petitioner.
      Mr. P. S. Tembhare, Asstt. Govt.Pleader for the respondent Nos.1 & 2. 
                            None for the respondent Nos.3 and 4. 





     ---------------------------------------------------------------------------------------------------
                                            CORAM : SMT. VASANTI    A    NAIK & 
                                                        KUM. INDIRA JAIN,   JJ.

DATED : 27.10.2016

O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)

By this writ petition, the petitioner seeks a direction

against the respondents to complete the selection process for

recruitment of posts as per the advertisement No.1/2005. According to

2710WP6354.05-Judgment 2/2

the petitioner the petitioner ought to have been appointed on a post

earmarked for the project affected persons as his name was

recommended by the competent authority.

The relief sought by the petitioner cannot be granted in

the circumstances of the case. The petitioner could not have sought a

direct appointment on the post that was earmarked for the project

affected persons as it is well settled by the law laid down by the Full

Bench of this court that even a project affected person would be

required to compete along with the other project affected persons when

a post is advertised and a project affected person cannot seek a direct

appointment without competing in the selection process after issuance

of an advertisement. It is further necessary to note that in view of the

interim order, the petitioner was permitted to participate in the

selection process, but the petitioner could not succeed and was not

selected for appointment.

In this view of the matter, the writ petition is dismissed

with no order as to costs. Rule stands discharged.

                                 JUDGE                                          JUDGE 

     KHUNTE