The State Of Maharashtra And Ors vs Manoj Ashok Damale
2023 Latest Caselaw 1321 Bom

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             rrpillai                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 1549 OF 2023


                           The Superintending Engineer and              ... Petitioner
                           Administrator Command Area
                           Development Authority, Nashik-2
                                        vs.
                           Manoj Ashok Damale                           ... Respondent


                           Ms. R.A. Salunkhe, AGP for the Petitioner-State.
                           Mr. Gaurav Bandiwadekar for the Respondent.



                                                CORAM : S.V. GANGAPURWALA, ACJ. &
                                                         SANDEEP V. MARNE, J.

DATED : 7 FEBRUARY, 2023

P.C. :-

1. Learned AGP relies upon the notification dated 6 June

2017 purportedly issued in exercise of powers under proviso to

Article 309 of Constitution which states that person to be

eligible to be appointed on Group-C posts should possess degree

qualification. The Tribunal in its judgment has recorded that

the respondent has produced HSC Certificate and same is the

Digitally signed by qualification.

              RAJESHWARI
RAJESHWARI    RAMESH
RAMESH        PILLAI
PILLAI        Date:
              2023.02.09
              10:45:27
              +0530
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2. According to the learned Advocate for the respondent

the petitioner had applied in the year 2014 and the rules

prevailing then did not prescribe degree qualification. Neither

the petitioner nor the respondent has produced copy of the

rules applicable in the year 2014.

3. At the request of the learned counsel for the parties place

the matter on 22 February 2023.

4. Till the next date contempt proceedings may not be

proceeded with.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)