The High Court of Bombay dismissed a writ petition challenging the non-appointment of the petitioner due to lack of prescribed qualifications. The court held the challenge was infructuous as it occurred after the petitioner's superannuation.
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.
6.wp.5060.12.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5060 OF 2012
Vishwanath Shivaji Bacchav … Petitioner Versus The Municipal Commissioner … Respondents Nashik Municipal Corporation & Anr.
Mr. Nitesh Bhutekar for Petitioner.
Mr. Shekhar Jagtap I/by M/s. J. Shekhar & Co. for Respondent No.1.
CORAM : R. M. SAVANT AND NITIN W. SAMBRE, JJ. DATE : 29th OCTOBER 2018.
P.C.
. The above Petition was filed impugning the letter dated 8th
March 2011 of the Deputy Municipal Commissioner of the Nashik Municipal Corporation by which letter the Petitioner was informed that he did not fulfill the eligibility criteria for the post of Social Welfare Officer and therefore could not be appointed. The Petitioner also seeks to challenge the Government Resolution No. 661 dated 20th November 2008. One of the requirements for the said post is that the candidate should be a Graduate and should also have the qualification of MSW. The Petitioner
John Doe
Digitally signed by John Doe Date: 2018.11.01 11:50:14 +0530
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Yadav VG
6.wp.5060.12.odt
claims to be a post graduate with additional qualification of Master of Personal Management (MPM) as also L.S.G.D.
turned infructuous on account of the supervening event of the retirement/superannuation of the Petitioner from service.
(NITIN W. SAMBRE, J.) (R. M. SAVANT, J.)
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Yadav VG
1 issue framed by the court
Whether the challenge to the rejection of the petitioner's appointment is maintainable after his superannuation from service.
Vishwanath Shivaji Bacchav
The Municipal Commissioner
R. M. Savant
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
