In this PIL, the Court was informed via affidavit that the competent authorities had already initiated the selection process for vacant posts. The Court held that with this development, the grievance did not survive and disposed of the petition as infructuous.
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.
Order
2002pil39.18
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
PUBLIC INTEREST LITIGATION NO. 39/2018.
Vivek Khanderao Tale.
State of Maharashtra and others.
Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.
Shri A.R. Ingole, Advocate for the Petitioner. Shri S.M. Ghodeswar, A.G.P. for Respondent Nos.1 and 3. Shri N.S. Khubalkar, Advocate for Respondent No.2.
CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.
DATE : FEBRUARY 20, 2019.
Heard.
direction to appoint competent person to fill in the post of Chief Executive Officer and other posts lying vacant in respondent no.2 Maharashtra Live Stock Development Board.
Order
2002pil39.18
2
“ 10. It is submitted that the power to fill up the posts of the rank of class 1 and class 2 are with the State Government i.e. respondent no.1 and that the Government has already set in the action, as mentioned above in detail.
The power to fill up the posts of the rank of class 3 are with the Commissioner of Animal Husbandry Department i.e. respondent no.3, and the same has already started the process of selection of eligible candidates in class 3.”
JUDGE JUDGE
Rgd.
1 issue framed by the court
Whether the grievance regarding vacant posts survives after respondent affidavit stated that selection processes were already initiated.
Vivek Khanderao Tale
State of Maharashtra
Maharashtra Live Stock Development Board
R.K. Deshpande
Vinay Joshi
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
