Prafull Venkatrao Gaikwad vs The State Of Maharashtra And ...
2016 Latest Caselaw 5768 Bom

                                                {1}
                                                                             10041.16 wp.odt

                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                                  
                                 BENCH AT AURANGABAD

                               WRIT PETITION NO. 10041 OF 2016




                                                          
                              PRAFULL VENKATRAO GAIKWAD
                                           VERSUS
                         THE STATE OF MAHARASHTRA AND OTHERS
                                             ...




                                                         
                        Advocate for Petitioner : Mr. J.S. Deshmukh
                            AGP for Respondents: Mr. S.S. Dande


                                                ...




                                               
                               ig          CORAM : R.M. BORDE &
                                                   K.K. SONAWANE, JJ.

DATE : 30TH SEPTEMBER, 2016.

PER COURT:

1] The petitioner is praying for issuance of directions to the

respondents to consider his claim for admission to Post

Graduate Medical Course conducted by the Directorate of Health Services

DHS-CPS. It is not disputed that the departmental proceedings are pending

against the petitioners, and as such, in view of the regulations framed by the

State Government and more particularly, directions contained in the

Government Resolution dated 3rd May, 2011,the petitioner is not entitled to

pursue higher studies as an in-service candidate.

2] Counsel for the petitioner points out that departmental enquiry

proceedings have commenced and he has been served with the charge sheet

on 20th April, 2016. In the event of exoneration of the petitioner of the

charges levelled against him, he would be entitled to claim admission atleast

{2} 10041.16 wp.odt

during the next process of admission. The next process of admission to CPS

is likely to commence within six months.

3] In this view of the matter, respondent Nos. 2 and 3 are directed

to conclude the departmental enquiry proceedings initiated against the

petitioner, as expeditiously as possible and preferably within a period of 4

months from today.

4] With the directions as aforesaid, writ petition is disposed of.

            [K.K.SONAWANE]                                     [R.M. BORDE]
              JUDGE                                              JUDGE
    grt/-