Bombay High Court
Sandeep Narayan Chauhan vs State Of Mah. Thr. Its Secretary, ... on 27 February, 2017
Bench: V.A. Naik
1 wp871.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.871/2013
Sandeep Narayan Cahuhan,
aged major, r/o at Post Adgaon Raja,
Tahsil Sindkhed Raja, Dist. Buldana. .....PETITIONER
...V E R S U S...
1. State of Maharashtra through its
Secretary, Home Department,
Mantralaya, Mumbai-32.
2. The Sub Divisional Officer,
Mehkar, Tahsil Mehkar, Dist. Buldana.
3. The Tahsildar, Mehkar,
Tahsil Mehkar, Dist. Buldana.
4. Nilesh Karbhari Shingare,
aged 30 years, Occ. Agriculturist,
r/o Post Adgaon Raja, Tah.
Sindkhed Raja, Dist. Buldana. ...RESPONDENTS
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None for the petitioner.
Shri A. S. Fulzele, A.G.P. for respondent nos. 1 to 3.
Shri M. P. Karia, Advocate for respondent no.4.
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CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- FEBRUARY 27, 2017
ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.)
None appeared for the petitioner on the last date of
hearing. None appears for the petitioner today also. We have
heard the learned counsel for the respondents and also have
perused the writ petition.
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By this writ petition, the petitioner challenges the order
of the Maharashtra Administrative Tribunal dated 08.01.2013
dismissing the original application filed by the petitioner.
In pursuance of a proclamation issued by the Tahsildar
for appointment of Police Patil in village Adgaon Raja, the
petitioner as well as the respondent no.4 participated in the
process for appointment on the post of Police Patil. Initially, the
candidature of the respondent no.4 was rejected on the ground
that he does not own and possess a landed property in village
Adgaon Raja. An original application was filed by the respondent
no.4 before the tribunal, challenging the said order. The original
application bearing no. 641/2012, filed by the respondent no.4
was allowed and the order of the Sub Divisional Officer holding
the respondent no.4 to be ineligible, was set aside. While allowing
the original application, it was declared that the respondent no.4
was eligible for appointment to the post of Police Patil. It was
declared that the participation of the respondent no.4 in the
selection process was legal and valid and the sub Divisional Officer
was directed to publish the select list and appoint the candidates
as per the select list. Since the respondent no. 4 was placed at Sr.
No.1 in the select list, he was appointed on the post of Police Patil.
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The petitioner challenged the appointment of the respondent no.4
on the post of Police Patil by filing the present original application.
It was canvassed in the said original application that it could not
be revealed from the record of the selection process that the
criteria laid down in the rules was followed before appointing the
respondent no.4. The Maharashtra Administrative Tribunal
dismissed the original application filed by the petitioner.
On hearing the learned counsel for the respondents, it
appears that there is no scope for interference with the impugned
order in exercise of the writ jurisdiction. The respondent no.4 is
working as a Police Patil for more than 5 years. The respondent
no.4 had participated in the selection process and after the select
list was prepared and he was selected for the post of Police Patil,
his candidature was rejected. The original application filed by the
respondent no.4 was allowed and the tribunal directed the Sub
Divisional Officer to appoint the selected candidate on the post of
Police Patil. The tribunal has rightly held in the present original
application that the Sub Divisional Officer had appointed the
respondent no.4, in accordance with the order of the Maharashtra
Administrative Tribunal in the original application filed by the
respondent no.4. Since, there was no merit in the challenge to the
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appointment of the respondent no.4 to the post of Police Patil, the
original application filed by the petitioner was dismissed. The
order appears to be just and proper and calls for no interference.
In the result, the writ petition is dismissed with no
order as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)
kahale
