Yogita Shah And Ors vs Maharashtra Public Service Commission ...
2024 Latest Caselaw 14769 Bom

Bombay High Court

Yogita Shah And Ors vs Maharashtra Public Service Commission ... on 8 May, 2024

Author: A. S. Chandurkar

Bench: A. S. Chandurkar

TAUSEEF
LAIQUEE
                       Tauseef                                        916-WP.6829.2024 & 919-WP.6833.2024.doc

FAROOQUI
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2024.05.09
10:43:12 +0530                            CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO.6829 OF 2024

                       Sweta Wagde & Ors.                                ...Petitioners
                                 Versus
                       Maharashtra Public Service Commission,
                       through its Secretary & Ors.                      ...Respondents

AND WRIT PETITION NO.6833 OF 2024

Yogita Shah & Ors. ...Petitioners Versus Maharashtra Public Service Commission, through its Secretary & Ors. ...Respondents __________

Mr. Kranti L. C. a/w. Mr. Kartikeya Bahadur and Mr. Sangram Chinnappa for Petitioner (in both the petitions). Ms. Ankita Katakdhond for Respondent No.3.

Mr. N. C. Walimbe, Addl. G. P. a/w. Ms. Kavita N. Solunke, AGP and Mr. N. K. Rajpurohit, AGP for Respondent-State in WP/6829/2024.

Mr. B. V. Samant, Addl. G. P. a/w. Mr. A. R. Deolekar, AGP for Respondent-State in WP/6833/2024.

                                                         __________

                                                     CORAM       :       A. S. CHANDURKAR,
                                                                         JITENDRA JAIN, J.J.

                                                     DATED       :       8th MAY 2024

                       P.C.

1. The challenge raised in these two Writ Petitions is to the

Judgment of the Maharashtra Administrative Tribunal (for short "the

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Tauseef 916-WP.6829.2024 & 919-WP.6833.2024.doc

Tribunal") dated 17th April 2024, by which the Original Applications

preferred by the present Petitioners sought a declaration that the

recruitment to the post of "Dental Surgeon" be conducted in accordance

with the recruitment rules. Further prayer was made challenging the

communication dated 27th July 2023 which was issued by the Under

Secretary, Public Health Department after issuance of the advertisement

dated 18th February 2022. The Tribunal by the impugned judgment has

held that the eligibility criteria could not be changed as per the

communication dated 27th July 2023. However, at the same time, it

directed that post-facto approval of the Hon'ble Cabinet Minister as well

as the Hon'ble Governor be obtained.

2. Issue notice to the Respondents, returnable on 18th June

2024.

3. The learned Additional Government Pleader waives notice for

Respondent-State. Ms. Katakdhond, waives notice for Respondent No3.

The other Respondents be served by all permissible modes.

4. Prima-facie, considering the findings recorded by the Tribunal

in paragraph 11 of the impugned judgment, the direction issued to

obtain post-facto approval in the context of communication dated 27 th

July 2023, appears to be unwarranted in the facts of the present case.

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Tauseef 916-WP.6829.2024 & 919-WP.6833.2024.doc

Hence to that extent, the directions issued by the Tribunal shall remain

stayed until further orders. Any recruitment undertaken would be

subject to further orders of the Court.

[JITENDRA JAIN, J.] [A. S. CHANDURKAR, J.]

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