Single judge bench rejected a writ petition challenging the refusal to confirm the appellant as Police Patil. The court held that the petitioner lacked the requisite 10th standard qualification mandated for the post, rendering the petition inapt.
Petition was refrained from being entertained and was rejected.
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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HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2619 OF 2009.
Tukaram B. Patil. ..Petitioners.
Versus.
The Sub-Divisional Officer,
Solapur Sub-Division, Solapur & Ors...Respondents.
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Mr. R. V. Bonsode for the petitioner.
Mr.V. Masurkar G.P. for the espondent nos. 1 to 3.
CORAM: S. B. MHASE &
D.B.BHOSALE, JJ.
DATE: February 26, 2009.
P.C.
1. Heard. Petitioner is not the 10th standard
candidate. He was appointed as Police Patil in 1996. At
that time the qualification/requirement was not the 10th
standard. However, it was later on upgraded. The
appointment as Police-Patil was for five years and the
petitioner has completed his tenure. The publication of
the further advertisement shows that the government is not
desirous of continuing or extending the tenure of the
present petitioner as he does not have the requisite
qualification for the police-patil. We refrain to
entertain the petition. Petition is rejected.
(D.B.BHOSALE, J.) (S.B.MHASE, J.)
2 issues framed by the court
Whether a petition seeking confirmation in the post of Police Patil despite lack of requisite qualification can be entertained.
Whether the High Court should entertain a petition where the post has been reserved for candidates meeting upgraded qualifications not held by the petitioner.
Tukaram B. Patil
The Sub-Divisional Officer, Solapur Sub-Division, Solapur
Ors
S. B. MHASE
D. B. BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court