Bombay High Court
Dnyanoba Pandurang Kagane & Ors vs State Of Maha & Ors on 22 June, 2017
Bench: T.V. Nalawade
1 WP 5889 of 2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No.5889 of 2004
1) Dnyanoba Pandurang Kagane,
Age 34 years,
Occupation : Nil,
R/o At Kaganewadi,
Post Ranisawargaon,
Taluka Gangakhed,
District Parbhani.
2) Gangadhar Panditrao Wankhede,
Age 22 years, Occupation: Nil,
R/o At Post Bet-sangvi,
Taluka Loha, District Nanded.
3) Jagdeo Vitthalrao Rawate,
Age 36 years,
Occupation: Nil,
R/o Sundarniwas, Shriramnagar,
Near Hanumangad, Dist. Nanded. .. Petitioners.
Versus
1) The State of Maharashtra
Through the Secretary,
Rural Development and
Water Conservation Department
Mantralaya, Mumbai 400 032.
2) The Director of Health Services,
St Georges Hospital Compound,
Dental College Building, 4th Floor,
P. D'Mello Road, V.T. Mumbai - 01.
3) The Joint Director of Health
Services (Malaria & Philaria) Pune - 411 006.
4) The Chief Executive Officer,
Zilla Parishad, Nanded.
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2 WP 5889 of 2004
5) The Chief Executive Officer,
Zilla Parishad, Parbhani. .. Respondents.
----
Shri. A.S. Deshpande, Advocate, for petitioners.
Smt. P.V. Diggikar, Assistant Government Pleader, for
respondent Nos.1 to 3.
Shri. T.S. Lodhe, Advocate, holding for Smt. Y.M.
Kshirsagar (Thorat), Advocate, for respondent No.4.
Shri. S.G. Shinde, Advocate, for respondent No.5.
----
Coram: T.V. NALAWADE &
SANGITRAO S PATIL, JJ.
Date: 22 June 2017.
ORAL JUDGMENT (Per T.V. Nalawade, J.):
1) The petition is filed for claiming relief to
consider the petitioners for appointment as Multipurpose
Health Worker (Male) (MHW) by giving priority as against
untrained candidates as also the Mustering Assistants and
Spraying Unit Workers in Malaria Department. Heard
both the sides.
2) The submissions made show that the
petitioners were feeling aggrieved as due to Government
policy Mustering Assistants were to be absorbed not only
in Class IV category but also in Class III category
3 WP 5889 of 2004
including the post of MHW. but the candidates who were
having 12 Standard certificate and who had completed
MPW training course are denied appointment as MHW.
The petitioners were feeling that due to absorption of
Mustering Assistants on these posts they were loosing
opportunity to get the MHW post. The submissions made
show that at this Bench and at Nagpur Bench in similar
petitions by way of interim relief directions were given to
appoint candidates as MHW who had completed MHW
course. The aforesaid two petitions are disposed of.
3) The learned counsel for the petitioners now
argued on another circumstance like Notification dated 4-
6-2003 issued by the Government by which new eligibility
conditions are prescribed for MHW posts. As per new
conditions candidate must not have crossed 30 years of
age if he is not in Zilla Parishad service and he must have
passed Secondary School Certificate Examination in
Science subjects. However, there is a condition that he
needs to complete MPW course of 12 months period
within three chances given to him after getting
appointment on the post.
4 WP 5889 of 2004
4) The learned counsel for the petitioners
submitted that due to change in the eligibility conditions
the candidate who had completed MPW course will loose
opportunity to get the post on priority basis. Though as
per the eligibility conditions it can be said that the other
candidates can also be considered who had passed
Secondary School Certificate Examination with Science
subjects, the fact remains that the condition of completion
of MPW course is not deleted by the Government and that
is still kept as a condition. It is a policy decision and the
reason behind this may be anything. It can be said that
requisite conditions for getting appointment on the
aforesaid post is still there and so in the policy decision of
the Government there is no possibility of interference.
The petitioners were aged 34 years, 22 years and 36 years
at the relevant time and in view of the aforesaid change in
the eligibility conditions it can be said that present
petitioners will not be getting anything. In the result, the
petition stands dismissed. Rule stands discharged.
Sd/- Sd/-
(SANGITRAO S PATIL, J.) (T.V. NALAWADE, J.)
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