Balkrishna Madhaorao ... vs State Of Maharashtra And Another
2017 Latest Caselaw 3115 Bom

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT NAGPUR, NAGPUR.
                                             ...

WRIT PETITION NO. 4058/2000

Balkrishna s/o Madhaorao Wagdhare Aged about 35 years, occu: service R/o C/o Vishwanath Dabhade Pannalal Deshraj Nagar, Near Mosque, Surendragarh, Nagpur. ..PETITIONER

v e r s u s

1) State of Maharashtra Through Secretary Ministry of Forests Mantralaya, Mumbai-400 032.

2)        The Divisional Commissioner 
          Nagpur Division
          Commissioner Office
          New Administrative Building 
          6th floor Civil Lines, Nagpur. 

3)        The Conservator of Forest
          Office  at Civil Lines, Nagpur.                                                      ..RESPONDENTS

...........................................................................................................................

None for the petitioner Smt. Geeta Tiwari, Assistant Government Pleader for Respondents ............................................................................................................................

                                                     CORAM:    R.K.DESHPANDE &
                                                                    MRS . SWAPNA JOSHI, JJ
                                                                                          . 
                                                     DATED :       13th June,   2017

ORAL JUDGMENT: (PER R.K.DESHPANDE, J.)

The petitioner was appointed as a Forest Guard in the year

1996 by the Forest Department and was posted at Pench National Park.

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In response to the advertisement dated 30.09.1997 published by the

Regional Subordinate Services Selection Board, Nagpur, the petitioner

applied for the post of Forest Guard. Though he was selected and placed

at Sr.No.26 in the select list, he did not receive an order of appointment.

Hence, by this petition, the petitioner is seeking a direction to the

respondents to appoint the petitioner on the post of Forest Guard.

2. In response to the petition, the stand taken by the

respondent no.2-Divisional Commissioner in the affidavit filed before this

Court, is that a list of 32 candidates selected for the post in question, was

published and the petitioner was placed at Sr.No.26. The petitioner

belongs to Special Backward Class category and out of three candidates

selected from the said Category, only two were recommended for

training. Though the petitioner was amongst these three persons, the

other two candidates at Sr. Nos. 23 and 25 in the select list being found

more meritorious than the petitioner, they were selected and appointed.

3. When the petition was filed, the petitioner was about 35-

years of age and, by now, he must be of 52-years of age. Merely because

his name was included in the select list, that does not confer upon him

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any right to get an appointment to the said post in the absence of his

recommendation for training by the Regional Subordinate Services

Selection Board.

4. We do not find any infirmity in the impugned action. The

Writ Petition is dismissed.

                         JUDGE                       JUDGE
sahare