State Of Mah vs Anil Ramesh Kamble
2017 Latest Caselaw 2966 Bom

                                        1           WP 7155 of 2005

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                         Writ Petition No.7155 of 2005

     1)      The State of Maharashtra
             Through the Secretary,
             Public Health and Medical
             Education Mantralaya,
             Mumbai - 400 032.

     2)      The Director of Public Health
             St. Georges' Hospital Compound
             C.S.T. Mumbai 400 001.

     3)      The Dean,
             Government Medical College
             Hospital, Aurangabad.                         ..    Petitioners.

                      Versus

     *       Anil s/o Ramesh Kamble,
             Age 29 years,
             Occupation : Nil,
             R/o 48, Nandanvan Colony,
             Aurangabad.                                   .. Respondent.

                                        ----

     Shri. A.S. Shinde, Assistant Government Pleader, for
     petitioners.

     Shri. Rajendra Deshmukh, Advocate, for respondent.

                                        ----

                                Coram:         T.V. NALAWADE &
                                               SANGITRAO S PATIL, JJ.

                                Date:          8 June 2017.




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                                             2        WP 7155 of 2005

     JUDGMENT (Per T.V. Nalawade, J.):

1) The proceeding is filed to challenge the

judgment and order of Maharashtra Administrative

Tribunal, Bombay, Bench at Aurangabad (for short,

"M.A.T.") delivered in Original Application No.694/2003.

By this decision the Tribunal gave direction on 10-2-2005

to the present petitioners, Government and the

Government Medical College and Hospital, Aurangabad to

give to the present respondent and one more applicant in

other proceeding appointments on Class IV posts on the

establishment of the Medical College and Hospital,

Aurangabad in the vacancies which may occur in future as

the candidates from open category. Heard learned

Assistant Government Pleader for the petitioners. The

learned counsel for the respondent is also heard.

2) The respondent had filed the proceeding before

the M.A.T. and he had contended that he had filed

application in the office of the Dean, Government Medical

College & Hospital on 26-9-2003 for getting appointment

to Class IV post. He had contended that he had registered

his name in the Employment Exchange also as he was

3 WP 7155 of 2005

unemployed. It is his contention that on 9-10-2003 he was

interviewed and he was selected for Class IV post which

was to be filled from handicapped category. It was

contended that appointment order dated 16-10-2003 was

issued in his favour. When he was asked to resume the

duty he was not allowed to join the duty. It is contended

that due to pressure and influence of the union leader

who had objected to this appointment order he was not

allowed to resume the duty. He had claimed the relief to

declare that he was entitled to get such appointment and

relief of aforesaid nature is given after hearing both the

sides by the Tribunal. It appears that the relief is given

mainly due to a circumstance like relief granted to

another similar person in Writ Petition No.5483/2003 by

this Court.

3) Defence was taken by the present petitioners

that there was no process of selection, recruitment of

candidates for such posts and even interview was not

taken of present respondent for the recruitment. It was

contended that a Clerk of the office obtained signature of

the Dean on the appointment order virtually by fraud and

4 WP 7155 of 2005

so no right as such is vested in the present respondent to

get appointment to the post of Class IV cadre. It was

contended that when such mischief was realized, the

respondent was not allowed to resume the duty.

4) The submissions made and the record show

that procedure for recruitment was not followed.

Petitioner No.3 is Government College and Hospital from

Aurangabad and the appointment is said to be made in the

year 2003. There is no record to show that any

advertisement was published. Even if it is presumed that

the Dean was the appointing authority, it appears that a

committee is required to be constituted and then the

process of recruitment needs to be started. No such

process was started and even names of candidates

available on the list of Employment Exchange were not

called. In view of these circumstances, the so called

appointment order which the respondent was having, was

cancelled. This order was not challenged and direction of

aforesaid nature was claimed from M.A.T.

5) This Court is avoiding to make observations

with regard to the direction given in previous writ

5 WP 7155 of 2005

petitions by this Court in similar circumstances. Only

because a person is physically handicapped, even this

Court cannot make such order which gives a go-by to the

procedure and which enables a candidate to get back door

entry in Government Department. All these circumstances

are not considered by the M.A.T. and only due to some

observations made by this Court in previous writ petition

in favour of some similar persons a direction of aforesaid

nature is given by the M.A.T. against the present

petitioners. Such direction cannot sustain in law. As the

respondent has no right as such to get appointment on

the post on the basis of the so called letter of appointment

given to him, this Court holds that the decision of the

Tribunal needs to be set aside. In the result, the petition is

allowed. The decision of the M.A.T. in Original Application

No.694/2003 is hereby set aside and the proceeding filed

by the respondent before the M.A.T. stands dismissed.

Rule made absolute in these terms. No order a to costs.

             Sd/-                                 Sd/-
     (SANGITRAO S PATIL, J.)              (T.V. NALAWADE, J.)

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