Bombay High Court
The Maharashtra Public Service ... vs Rajesh S/O Rammurti Tripathi And ... on 12 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:13646-DB
WP 5136-23 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5136/2023
The Maharashtra Public Service Commission,
Through its Secretary, Having office at - 5½, 7th and
8th Floor, Cooperage Telephone Exchange Building,
Maharshi Karve Road, Cooperage, Mumbai 400 021. PETITIONER
-VERSUS-
1. Rajesh s/o Rammurti Tripathi,
Aged about 31 years, Occ. Dental Surgeon,
R/o 59, Kamgar Nagar, Police Line Takli,
Katol Road, Nagpur - 13.
2. State of Maharashtra, through its Secretary,
Public Health Department, Mantralaya, Mumbai-32. RESPONDENTS
__________________________________________________________________________
Shri Abhay Sambre, counsel for the petitioner.
Shri T.L.Pandey and Shri A.Y. Sharma, counsel for the respondent no.1.
Ms N.P. Mehta, Assistant Government Pleader for the respondent no.2.
CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : SEPTEMBER 12, 2023
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
counsel for the parties.
2. The challenge raised by the petitioner is to the judgment of the
Maharashtra Administrative Tribunal dated 08.05.2019 passed in
Original Application No. 1091 of 2015. By the said judgment, various
directions were issued to the petitioner to consider the candidature of
the candidates for the post of Dental Surgeon in view of advertisement
dated 31.07.2015.
WP 5136-23 2 Judgment
3. It is pointed out that a similar challenge was raised before the
Principal Seat in Manoj Mohan Mahind & Others Versus State of
Maharashtra & Others [Writ Petition Stamp No. 9195 of 2021
alongwith writ petitions]. By the judgment dated 20.03.2023 this
Court has modified the directions issued by the Tribunal. It has been
held that with regard to those applicants who had been interviewed
pursuant to the interim order passed by the Tribunal, their names
should be recommended to the State Government on the basis of their
performance in the interview. This was in respect of 67 unfilled
vacancies on the post of Dental Surgeon.
It is informed that the respondent no.1 has also been
interviewed pursuant to the interim order passed by the Tribunal.
4. The learned counsel for the petitioner as well as the respondent
no.1 therefore submit that in terms of the directions contained in
paragraph 53(iii) of the aforesaid decision, this writ petition may be
disposed of.
5. Accordingly, the judgment passed by the Maharashtra
Administrative Tribunal in the Original Application that is the subject
matter of challenge herein is modified in terms of what has been held
in paragraph 53 of the decision in Manoj Mohan Mahind & Others
(supra). The respondent no.1 would be entitled to the benefit of the
directions contained in paragraph 53(iii) of the aforesaid judgment.
WP 5136-23 3 Judgment
6. Rule is disposed of in aforesaid terms with no order as to costs.
Pending civil applications also stand disposed of.
(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)
APTE
Signed by: Apte
Designation: PS To Honourable Judge
Date: 13/09/2023 17:36:58
