Employees challenged recruitment conditions in a 2-bed hospital project. The bench dismissed the writ petition, holding that insisting on Science subjects didn't prevent participation if qualified later and that interviews should proceed given the public interest in completing the hospital project.
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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WP1239-9.2
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1239 OF 2015
Devika Dayasagar Late and others versus Mira Bhayandar Municipal Corporation and another
...Petitioners.
..Respondents.
Mr. G.K. Sovani for the Petitioners. Mr. N.R. Bubna for Respondent No.1. Mr. P.G. Sawant, AGP for Respondent No.2.
….. CORAM : NARESH H. PATIL & A.S. GADKARI, JJ.
9th February, 2015.
P.C. :
The learned counsel for the Petitioners submit that the Petitioners are in service of the Corporation. They want to participate in the interview held for the post of GNM. Their contention is that they have not passed 10 + 2 examination in Science subject. The applications have been invited from the candidates who have passed 10 + 2 in Science subject. This amounts to discrimination. The second issue raised is that the reservation is prescribed by the Corporation to persons having disability which will not serve the public purpose.
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WP1239-9.2
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with the directions issued by the Division Bench (Shri A.S.Oka and Shri S.C. Gupte, JJ) in PIL No.38 of 2006, the Corporation is to start 200 beds hospital at the earliest. Though the Corporation challenged the order passed by the Division Bench in the Apex Court, the SLP came to be dismissed by an order dated 19th September, 2014.
(Naresh H. Patil, J.)
(A.S. Gadkari, J.)
3 issues framed by the court
Whether the qualification requirement of 10+2 in Science for GNM post appointments amounts to discrimination against existing employees?
Whether the objection to interviews due to incomplete hospital infrastructure warrants judicial interference with the recruitment process?
Whether the Corporation's 2-bed hospital expansion project (ordered under PIL No.38 of 2006, dismissed SLP by Apex Court on 19.09.2014) requires holding interviews now?
Colour shows how this judgement treated each authority
PIL No.38 of 2006Referred¶2
Devika Dayasagar Late and others
Mira Bhayandar Municipal Corporation
another
NARESH H. PATIL
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
