A writ petition challenging orders dismissing an application for appointment as Nursery Assistant due to lack of matriculation qualification, which was mandated as an eligibility requirement. The High Court dismissed the petition, finding no reason to interfere with the lower tribunal's decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2656 of 2003
Kishore Bhagwan Shinde
...Petitioner
V/s.
The State of Maharashtra & Ors.
...Respondents
Shri.P.S. Dani for Petitioner. Shri.A.I.I. Patel AGP for Respondent No.1 to 4.
CORAM : D.K. DESHMUKH &
V.M. KANADE, JJ. DATED : 26th FEBRUARY, 2008.
P.C.:-
application filed by the petitioner. The petitioner had approached the Maharashtra Administrative Tribunal against two orders, first order is dated 02/03/1993. By that order, the petitioner was appointed as Peon. Second order that the petitioner challenged was order dated 12/12/1997 rejecting
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his request for being appointed to the post of Nursery Assistant. The Maharashtra Administrative Tribunal has rejected the application filed by the petitioner.
the petitioner gave his consent and he was appointed as Peon. The petitioner accepted that this appointment made in the year 1993. He did not make grievance. Thereafter he made a representation that he should
be appointed as Nursery Assistant because he has necessary qualification. It appears that the petitioner threatened his superior that if he is not given that post he will go on fast unto death. Representation of the petitioner was rejected by letter dated 12/12/1997 on the ground that for
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being eligible for the post of Nursery Assistant, candidate must be
matriculate and the petitioner, admittedly, is not a matriculate. The Maharashtra Administrative Tribunal has held that the decision of the Superintendent declining promotion to the petitioner is proper because the petitioner does not hold necessary qualification. The Maharashtra Administrative Tribunal has considered every aspect in detail and has given elaborate reasons
no reason to interfere with both the orders. Admittedly, qualification prescribed for the Nursery Assistant is matriculate and admittedly, the petitioner is not a matriculate. Therefore, his request for being appointed to the post of the Nursery Assistant, in our opinion, is rightly rejected. Therefore, there is no substance in the petition. Petition is dismissed. Rule is discharged. No order as to costs.
( D.K. DESHMUKH, J.)
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(V.M. KANADE, J.)
2 issues framed by the court
Whether the petitioner is entitled to appointment as Nursery Assistant despite not possessing the prescribed qualification of matriculation.
Whether the Maharashtra Administrative Tribunal erred in dismissing the petitioner's application based on lack of educational qualification.
Kishore Bhagwan Shinde
The State of Maharashtra
D.K. DESHMUKH
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
