Writ petition challenging the 45-year age limit in a government advertisement for a multipurpose health worker post. The court held such conditions are administrative and cannot be rewritten, rejecting the petition.
Petition rejected; relief granted to respondent.
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1437.16WP
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1437 OF 2016
SHAIKH HABIB ALI MEHBOOB
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. H.A. Joshi h/f
Mr.Deshmukh Yogesh P.
AGP for Respondent/State : Mr. U.S. Badakh
...
CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ. Dated: April 04, 2016
...
PER COURT :-
Heard.
2.By way of filing this Petition under
Article 226 of the Constitution of India, the
petitioner is seeking relaxation of condition
of 45 years age limit prescribed in the
advertisement for the post of multipurpose
healthworkerinpursuantofthe
advertisement issued by Respondent No.3.
3.In our opinion, the said condition
stipulated in advertisement would fall within
the domain of administrative wing, as maximum
age limit of 45 years is prescribed and any
1437.16WP
2
further relaxation would be rewritting the
conditions, which is not desirable.
4.In that view of the matter, we do
not find any substance in the Petition. The
Petition stands rejected.
SGA
1 issue framed by the court
Whether the High Court can relax the age limit condition prescribed in a government advertisement for a health worker post.
1 provisions across 1 enactments
SHAikh Habib Ali Mehboob
The State of Maharashtra
S.S. Shinde
Sangitrao S. Patil
As recorded by the court registry
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