Subhash Tukaram Alone vs The State Of Maharashtra And Ors
2017 Latest Caselaw 3174 Bom

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO. 2669 OF 2008


Subhash s/o Tukaram Alone,
Age : 32 years, Occu. Service,
R/o Satpuda Bids Room No. 2,
Sneha Nagar, Police Colony,
Nanded, District Nanded                                                 PETITIONER 

       VERSUS

1.     The State of Maharashtra,
       through its Secretary,
       Home Department,
       Mantralaya, Mumbai-32

2.     The Additional Director 
       General of Police, C.I.D.,
       Maharashtra State, Pune 

3.     Special Inspector General
       of Police, S.C.R.B., C.I.D.,
       Maharashtra State, Pune                                          RESPONDENTS

                          ----
Mr. R.R. Suryawanshi, Advocate for the petitioner 
Mrs.V.N. Patil-Jadhav, A.G.P. for respondent Nos.1 to 3
                          ----

                                        CORAM :   T.V. NALAWADE AND
                                                  SANGITRAO S. PATIL, JJ.

DATE : 14th JUNE, 2017

ORAL JUDGMENT (PER : T.V. NALAWADE, J.):

Heard the learned counsel for the petitioner

and the learned A.G.P. for the respondents.

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2. The order dated 5th December, 2007 passed by the

Maharashtra Administrative Tribunal, Mumbai, Bench at

Aurangabad ("Tribunal", for short) in Original

Application No.609 of 2007 and the order dated 8th

January, 2008 passed by the Tribunal in Review

Application No.1 of 2008, are under challenge in this

petition. The said Original Application was filed by

the present petitioner to challenge rejection of his

candidature for the post of Assistant State Examiner of

Documents.

3. As per the requirements, the candidate ought to

have completed B.Sc. with Chemistry as principal subject

and Physics as subsidiary subject. The petitioner had

passed B.Sc. with Physics, Chemistry and Mathematics

subjects and was not possessing a degree with Chemistry

as principal subject. In view of circumstances, it was

held by the Tribunal that the petitioner was not

eligible for the post and he was not called for the

written test and interview. Considering the nature of

the post and as it is the right of the employer to

ascertain the eligibility conditions/criterion, we hold

that the Tribunal has not committed any error in

dismissing the Original Application as well as the

3 wp2669-2008

Review Application against the petitioner. We do not

find any reason to interfere in the impugned orders

passed by the Tribunal. In the result, the Writ Petition

is dismissed. No costs. Rule is discharged accordingly.

     [SANGITRAO S. PATIL]                  [T.V. NALAWADE]
           JUDGE                                JUDGE


npj/wp2669-2008