In WP combined writ petitions, petitioners challenged Class-IV recruitment selection for being too difficult for 4th standard-passed candidates. The court noted 4,357 candidates passed, finding no illegality, and dismissed the petitions.
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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION No. 368 OF 2014
Prafulla s/o Bhaskar Madame and others.
Vrs.
State of Mah. Through its Principal Secretary, Department of Rural, Mumbai and others. AND
WRIT PETITION No. 6356 OF 2013 Shailendra Waman Jambhulkar and
Vrs.
State of Mah. Through its Principal Secretary, Department of Rural, Mumbai and others.
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Mr. M.K. Kulkarni, counsel for the petitioners in both petitions. Mr. Pathan, AGP for respondents - State.
Mr. H.N Verma, counsel for respondent nos. 2 & 4.
CORAM : SMT. VASANTI A. NAIK AND P.R. BORA, JJ.
DATE : 9th SEPTEMBER , 2014 .
Since the issue involved in these petitions is identical, they are heard together and are decided by this common order.
By these petitions, the petitioners have sought the cancellation of the entire selection process held in pursuance of the advertisement dated 19.9.2013 and the petitioners further seek a fresh process of selection for appointments in the Class-IV posts.
The respondent Zilla Parishad had issued an advertisement, dated 19.9.2013 calling applications
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from the candidates interested in seeking appointment in various Class-III and Class -IV posts. For appointment in a Class-IV post, a candidate was required to pass the 4th Standard examination. The petitioners were eligible for being considered for appointment in a Class-IV post. A written examination was conducted as per the advertisement and the petitioners failed in the said examination. According to the petitioners, the questions posed at the written examination were difficult and it was impossible for the candidates having passed the 4th Standard examination to answer those questions. In view of the aforesaid, the petitioners have sought the cancellation of the selection process held in pursuance of the advertisement dated 19.9.2013.
On hearing the learned counsel for the parties, it appears that the relief sought by the petitioners cannot be granted. About 16882 candidates appeared in the written examination held in pursuance of the advertisement dated 19.9.2013. It appears that 4357 candidates secured 45% and more marks and were declared successful at the written examination. Therefore, the case of the petitioners that it was not possible for the candidates passing the 4th standard examination to answer the questions posed at the written examination, is incorrect. On a perusal of the question papers, it appears that the questions were posed with a view to ensure competition, as nearly seventeen thousand candidates had appeared at the
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written examination and it was necessary to eliminate some of them.
Since we do not find any illegality or irregularity in the selection process held in pursuance of the advertisement in question, the writ petitions are dismissed with no order as to costs.
JUDGE JUDGE
Hirekhan
1 issue framed by the court
Whether the High Court should cancel the Class-IV selection process and order a fresh one on grounds of question difficulty.
Prfulla s/o Bhaskar Madame and others
Shailendra Waman Jambhulkar
State of Maharashtra
Vasanti A. Naik
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
