Ratnadip Nanasaheb Bhise And Ors vs Maharashtra Public Service ...
2023 Latest Caselaw 4525 Bom

2023:BHC-AS:13350-DB
                                                                                15-WP-5970-2023


      Pdp
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 5970 OF 2023

                 Ratnadip Nanasaheb Bhise & Ors.                    .. Petitioners

                                  Versus

                 Maharashtra Public Service
                 Commission & Ors.                                  .. Respondents

                 Mr. Praveen Kamble for petitioners.
                 Mrs. R. A. Salunkhe, AGP for State.


                         CORAM: S. V. GANGAPURWALA, ACTING CJ. &
                                SANDEEP V. MARNE, J.

                         DATE:            MAY 2, 2023


                 P.C.:

1. We have heard the learned counsel for the petitioners.

2. The petitioners approached the Maharashtra Administrative Tribunal, Mumbai (hereafter "the Tribunal", for short) making request that petitioners be allowed to appear for the post of Food Safety Officer and that the criteria of having degree in B-Pharma be declared as eligible and the degree in Pharmacy be declared as equivalent to Science or Graduation with Chemistry as one of the subjects.

3. The learned counsel for the petitioners submits that the Tribunal failed to consider that Bachelor of Pharmacy is equivalent to Bachelor of Chemistry and has been considered by the Government under its Resolution dated 23 rd May, 2014. According to the learned counsel Bachelor in Chemistry is a valid qualification for the post of Food Safety Officer. The

15-WP-5970-2023

petitioners possess degree in Bachelor in Pharmacy are also entitled to appear for the said examination in view of the equivalence considered by the State Government. The learned counsel also relied upon the judgment of the Madras High Court in Writ Petition (MD) No.4882 of 2023 and connected matters decided on 23rd March, 2023 (Vetriselvi & Anr. vs. The Member Secretary, Medical Services Recruitment Board & Ors.). According to him the Madras High Court has considered that the petitioners therein who were possessing the qualification of Bachelors of Siddha Medicine and Surgery (BSMS) Degree as equivalent to degree in Medicine. According to the learned counsel though the last date is over, still the applications of the petitioners can be considered.

4. The Tribunal has rejected the prayer for interim relief on 30th March, 2023 and consequently the original application was dismissed. The last date for filing application was 3rd April, 2023. It is submitted by the learned counsel for the petitioners that the said date was extended to 27 th April, 2023. In fact, the petitioners ought to have approached the Court earlier. The present writ petition is filed on 25 th April, 2023 and the circulation was sought thereafter.

5. The learned counsel for the petitioners submitted that one of the petitioners was not well and as such did not file the petition earlier. When the order was passed by the Tribunal, the last date for filing application was 3rd April, 2023. We cannot under the judicial order extend the time for filing applications. The Tribunal did not grant any interim relief to the petitioners on the ground that the equivalence is not provided in the amended rules.

15-WP-5970-2023

6. The following qualification is prescribed: -

"2.1.3. relating to `Food Safety Officer' i. for sub-clause (i), the following shall be substituted, namely: -

"(i) a Bachelor's or Master's or Doctorate degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology or Chemistry or medicine from a recognized Univesity."

7. The rule, it appears that, does not provide for the equivalence of the degree as mentioned in clause 2.1.3. Sub- clause (ii) of Clause 2.1.3 states that any other equivalent/ recognized qualification notified by the Central Government. The petitioner could not produce on record any notification of the Central Government prescribing an equivalent qualification.

8. In Clause 2.1.3 (1)(i) equivalence is not provided and as per Clause 2.1.3 (1)(ii) nothing has been placed on record to substantiate that the Central Government has notified other equivalent/recognized qualification.

9. As nothing is pointed out about equivalent qualification by the Central Government and the equivalent degree is not provided in the Rules itself, we cannot come to the aid of the petitioners.

10. The writ petition is accordingly disposed of. No costs.

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

          Digitally
          signed by
          PRAVIN
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2023.05.03
          12:10:57
          +0530