The High Court dismissed a writ petition challenging the rejection of a publicity applicant's selection for an Assistant Commissioner post. The court held the Tribunal was correct in ruling based on merit and minimum percentage criteria, and rejected late grounds.
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.
1 Writ Petition No. 2887 of 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION No. 2887 of 2017 WITH
CIVIL APPLICATION No. 16463 of 2016 IN
WRIT PETITION No. 2887 of 2017
Dr. Hari S/o Pirajirao Boyale, age 42 years occupation service R/o Prashant Sadan, Laxmi Narayan Nagar, near A.K. Sinengal Karyalaya, Pawadewadi Naka, Nanded Taluka and District Nanded
...Petitioner
VERSUS
| 2Writ Petition No. 2887 of 2017 | |
|---|---|
| 8. | Jagdish S/o Munjaji Buktare, age major occupation service R/o A.C.A.H., District Bole Clinic, Jalna. Taluka and District Jalna. |
| 9. | Digambar S/o Shamrao Kamble, age major occupation service R/o A.C.A.H., Guniyantra Prayog Shala, Goregaon, Mumbai (M.S.) |
| 10. | Sunil S/o Ramrao Lahane, age major occupation service R/o A.C.A.H., Disease Central P.S. 12, Ayukta Animal Husbandry, M.S. Office, Pune. |
| 11. | Kiran S/o Madhavrao Parag, age major occupation service R/o Assistant Project Officer District Rural Development Yantrana, Osmanabad District Osmanabad |
| 12. | Pravinkumar S/o Pandharinath Ghule, age major occupation service R/o A.C.A.H., Veterinary Poly Clinic, Nanded Taluka and District Nanded. |
| 13. | Rajeshkumar S/o Vikramji Wasnik, age major occupation service R/o A.C.A.H., District Husbandry, Upayukta Office, Bhandara District Bhandara. |
| 14. | Vijay S/o Tukaram Sawant, age major occupation service R/o A.C.A.H., Taluka Mini Poly Clinic, Waduj District Satara |
| 15. | Yashodhar S/o Laxman Sonawane, age major occupation service R/o A.C.A.H., Poultry Disease Investigation Laboratory, IVBP Department, Aundha District Pune-7 |
| 16. | Sanjay S/o Prabhakar Pardey, age major occupation service R/o A.C.A.H., District Veterinary, Animal Upayukta Office, Akola District Akola |
| 3Writ Petition No. 2887 of 2017 | |
|---|---|
| 17. | Sanjay S/o Premdas Gaigawali, age major occupation service R/o A.C.A.H., Prakalp Adhikari Department, Rural Development, Yantrang, Bhandara (M.S.) |
| 18. | Dattatraya S/o Tulshiram Waghmare, age major occupation service R/o A.C.A.H., Animal and Mosquito Vibhagiya Disease Investigation Laboratory, Aurangabad |
| 19. | Mohan S/o Wasudeorao Khandare, age major occupation service R/o A.C.A.H., Taluka Mini Poly Clinic, Ramtek, District Nagpur. |
| 20. | Ashok S/o Baliram Lone, age major occupation service R/o Assistant Prakalp Officer District Rural Development Yantrang, Hingoli District Hingoli |
| 21. | Prakash S/o Chandoba Hanalkar, age major occupation service R/o Animal Disease Investigation, Division, Aunda, Pune-7. |
| 22. | Asmita S/o Nivruti Jagzape, age major occupation service R/o A.C.A.H., Department of Gadchiroli |
| 23. | Pradnya Yoseph Dhol, age major occupation service R/o A.C.A.H. Parner District Ahmednagar |
| 24. | Prema Tukaram Suradkar, age major occupation service R/o A.C.A.H. Animal Husbandry, Jafrabad District Jalna |
| 25. | Mrunalini Damodhar Sakhare, age major occupation service R/o L.D.O.V.D., G.R. I, Kosedi District Ahmednagar |
| 26. | Smita Shaligram Ukey, age major occupation service R/o L.D.O. V.D., G.R. I, Alandi Taluka Haveli District Pune |
4 Writ Petition No. 2887 of 2017
Mr. Govind G. Suryawanshi, Advocate for petitioner Smt. A.V. Gondhlekar, Assistant Government Pleader for respondents No.1 to 4
CORAM : PRASANNA B. VARALE &
DATE : 24 th October, 2018
ORAL JUDGMENT:
Court to place on record certain documents.
5 Writ Petition No. 2887 of 2017
permitted applicant to place on record these documents to challenge the order of the Tribunal on merits.
6 Writ Petition No. 2887 of 2017
selected and this selection is causing injustice to the petitioner on the backdrop of the grounds raised in the application.
7 Writ Petition No. 2887 of 2017
submitted that the petitioner has secured 30 marks out of 100 in interview, and, thus, the percentage was less than 41%. The rules and procedure were providing that a candidate must secure minimum 41% in the interview for selection. As the applicant secured very less marks than prescribed marks barred, which barred his selection. The respondents committed no error in not selecting petitioner/applicant. Thus, this factual aspects also support observations of the Tribunal that the selection was merit based. Considering all these aspects, we are of the opinion that the petition is devoid of merit.
8 Writ Petition No. 2887 of 2017
that the petition is devoid of merit and it deserves to be dismissed at the threshold.
( MANISH PITALE ) ( PRASANNA B. VARALE ) JUDGE JUDGE.
Madkar
1 issue framed by the court
Whether the Tribunal committed an error in rejecting the petitioner's selection claim based on seniority and interview marks.
Dr. Hari S/o Pirajirao Boyale
The State of Maharashtra
Prashant S/o Dhananjaya Kamble
Prasanna B. Varale
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
