Bombay High Court
The State Of Maharashtra, Tribal ... vs Anju Hiraman Kumbhare on 24 January, 2018
Bench: Vasanti A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3902 OF 2017
1. The State of Maharashtra,
Tribal Development Department,
Department, Mantralaya, Mumbai.
2. The Additional Commissioner,
Tribal Development Department,
Aadiwasi Bhavan, Giripeth, Nagpur. ..... PETITIONERS
...V E R S U S...
Anju Hiraman Kumbhare,
Aged about : 28 years,
R/o Gondia, New Police Colony,
Manohar Chowk, Gondia. ... RESPONDENT
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Shri A. M. Joshi, Assistant Government Pleader for the petitioners.
Shri J. S. Wankhede, Advocate for the respondent-sole.
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CORAM:-
SMT. VASANTI A NAIK &
ARUN D. UPADHYE, JJ.
DATED :
24/01/2018.
ORAL JUDGMENT : (PER SMT. VASANTI A NAIK
, J.)
Rule. Rule made returnable forthwith. The writ petition is
heard finally at the stage of admission with consent.
By this writ petition, the petitioners challenge the order of
Maharashtra Administrative Tribunal dated 12 th June, 2015 allowing
the original application filed by the respondent and directing the
petitioners to consider appointing the petitioner as Shikshan Sevak
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(Higher Secondary) in the subject of History on the post earmarked for
the Scheduled Tribes (Female).
The petitioners had published an advertisement on
16/05/2011 inviting applications for 64 posts of Shikshan Sevaks -
Higher Secondary in the Government Ashram School. Seven posts were
earmarked for appointment of Shikshan Sevaks in the subject of
History. Out of the seven posts that were earmarked for the History, two
posts were earmarked for Scheduled Tribes (Female). The respondent
applied for appointment on the post of Shikshan Sevek - Higher
Secondary in the subject of of History from the Scheduled Tribes
category. It was the case of the respondent that since two posts were
earmarked for the Scheduled Tribes (Female) category, it was necessary
for the petitioners to appoint the respondent on one of the said posts as
the quota for Scheduled Tribes (Female) was not exhausted. Since one
post earmarked for the Scheduled Tribes (Female) was vacant and since
the respondent had secured 124.83 marks in the examination, the
Tribunal directed the petitioners to consider appointing the respondent
on the post of Shikshan Sevak in the subject of History. The order of the
Tribunal is challenged by the petitioners in the instant petition.
It is stated on behalf of the petitioners that the respondent
does not fulfill the basic eligibility criteria prescribed by the
advertisement. It is stated that an applicant desirous of seeking an
appointment to the post of Shikshan Sevak - Higher Secondary
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(History) was required to possess a Master's degree in History with at
least second division. It is submitted that the respondent has passed
M.A. (History) examination in the third division and the respondent
could not have applied for the post. It is submitted that since this fact
was not specifically brought to the notice of the Tribunal, the Tribunal
has not considered the same in the impugned order dated 12/06/2015.
It is submitted that after a contempt petition was filed by the
petitioners, the petitioners have appointed the respondent with a clear
understanding that her appointment would be subject to the result of
this petition.
Shri Wankhede, the learned counsel for the respondent has
supported the impugned order. It is submitted that there is delay in
filing the writ petition and the same is not satisfactorily explained. It is
submitted that the writ petition is filed after the contempt petition was
filed by the respondent. It is however not disputed that the respondent
has secured a Master's degree in History in the third division though the
eligibility criteria prescribes that a candidate should possess a Master's
degree in second division.
On hearing the learned counsel for the parties, it appears
that the respondent was not eligible for appointment to the post of
Shikshan Sevak - Higher Secondary as the respondent had secured a
Master's degree in History in the third division. As per the eligibility
criteria prescribed in the advertisement dated 16/05/2011, a candidate
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is required to possess a Master's degree in History in at least second
division. Admittedly, the respondent has passed M.A. in History in the
third division and it was necessary for the petitioners to have rejected
the candidature of the respondent at the threshold. Since the
respondent was not eligible for appointment to the post of Shikshan
Sevak - Higher Secondary, it would be necessary to quash and set aside
the impugned order as the Tribunal has allowed the original application
of the respondent solely on the ground that there was a vacancy for the
post earmarked for Scheduled Tribes (Female) category and since the
respondent had applied from the said category and was successful, she
should be considered for appointment on the said post. Since the
respondent was not eligible for appointment, the order of the Tribunal
directing the petitioners to consider appointing the respondent on the
post of Shikshan Sevak - Higher Secondary is liable to be set aside.
While holding so, we reject the submission made on behalf of the
respondent that the relief sought by the petitioners may not be granted
as there is a delay in filing the writ petition and the same is not
satisfactorily explained. We find on a reading of paras 10 and 11 that
the delay in filing the writ petition is satisfactorily explained. In any
case, since the respondent is not eligible for appointment to the post of
Shikshan Sevak - Higher Secondary, the impugned order directing the
petitioners to consider appointing the respondent on the said post is
liable to be set aside.
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Hence, for the reasons aforesaid, the writ petition is
allowed. The impugned order is quashed and set aside.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Choulwar
