Writ petition seeking age relaxation for Scheduled Tribe category regarding rejected candidature for 11-month ad-hoc posts under National Rural Health Mission. Court held appointment tenure expired, making petition infructuous.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1451 OF 2015
Kishor s/o. Dhartinath Burikule,
Age: 38 Years, Occu:Nil,
Nanded PETITIONER
VERSUS
1]The State of Maharashtra,
Through: Secretary,
Health Department,
Mantralaya, Mumbai 32
2] The Commissioner (Family Planning) & Director, National Rural Health Scheme, 3rd Floor, Aarogya Bhavan, Saint George Hospital Campus, Mumbai 400 0013] The District Civil Surgeon, General Hospital, Nanded.4] Mission Director (NHM), Delhi, 6th Floor, B-Wings, Vikas Bhawan, Civil Line, Near Metcalf House,New Delhi – 110 054. RESPONDENTS...
Mr. S.D.Dhongade,Advocate for the Petitioner.
Mr. S.G.Karlekar, AGP for Respondent Nos. 1
to 3.
Mr. Bhushan B. Kulkarni, Advocate for
Respondent No.4.
...
1451.2015WP.odt
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CORAM: S.S.SHINDE & SANGITRAO S.PATIL,JJ.
Reserved on: 31.03.2016
Pronounced on: 04.04.2016
ORDER: [Per S.S.Shinde, J.]:
1]Heard the learned counsel appearing
for the petitioner, learned AGP appearing for
the respondent – State, and the learned
counsel appearing for the respective
respondents.
2]The learned counsel appearing for
the petitioner submits that, in fact, the
policy of reservation ought to have been made
applicable for the posts, which were
advertised by the respondents. It is
submitted that, as per the relevant Rules,
the respondents ought to have granted 5 years
relaxation in the age limit while considering
age criterion for considering the candidature
of the petitioner, since the petitioner
belongs to ‘S.T.’ category. It is submitted
that, the petitioner’s candidature has been
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rejected merely on the ground that, he is
over age.
3]On the other hand, the learned AGP
appearing for the respondent – State, relying
upon the averments in the affidavit in reply
submits that, the posts were advertised for
the Rashtriya Bal Swasthya Karyakram, the
programme under the National Rural Health
Mission. As the posts are created by the
society and not by the State Government,
Rules and Regulations which are prepared for
regular public employment are not applicable
in the present case. It is further submitted
that, the posts were advertised for the
appointment for the duration of 11 months
purely on the ad-hoc basis. It is submitted
that, pursuant to the advertisement, the
candidates applied and were selected on
merit, and even duration of the appointment
has come to an end, and therefore, this
Petition has become infructuous.
1451.2015WP.odt
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4]We have heard the learned counsel
appearing for the petitioner, learned AGP
appearing for respondent Nos. 1 and 2, and
the learned counsel appearing for the Union
of India. With their able assistance,
perused the pleadings and grounds taken in
the Petition, annexures thereto and reply
filed by respondent nos. 1 and 2. Upon
careful perusal of the averments in the
affidavit filed by respondent nos. 1 and 2,
and the documents placed on record, it is
abundantly clear that, the posts advertised
were not from the establishment of the State
Government. Secondly, the posts were
advertised for the duration of 11 months.
The said advertisement was issued in the year
2013 and the candidates were appointed for 11
months. Therefore, the period for which
candidates were appointed pursuant to the
said advertisement, has already come to an
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end. The Petition has become infructuous.
Therefore, no relief can be granted to the
petitioner.
5]For the reasons afore-stated, we do
not find any merit in the Petition. Petition
is without merit and hence the same is
rejected.
Sd/- Sd/-
[SANGITRAO S.PATIL] [S.S.SHINDE]
JUDGE JUDGE
DDC
2 issues framed by the court
Whether the petitioner is entitled to age relaxation for ST category posts in a scheme not run by the State Government.
Whether the petition is maintainable after the 11-month ad-hoc appointment period has expired.
Kishor s/o. Dhartinath Burikule
The State of Maharashtra
The Commissioner (Family Planning) & Director, National Rural Health Scheme
The District Civil Surgeon, General Hospital, Nanded
Mission Director (NHM), Delhi
S.S. Shinde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court