Petitioners challenged the quashing of their appointments, claiming entitlement to regularization based on clock-hour service. The Court denied regularization due to lack of procedural compliance with Recruitment Rules, distinguishing the cited precedent.
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1402wp1964.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Writ Petition No.1964 of 2017
Rishikesh Radhelal Katre and another Versus
State of Maharashtra, through the Secretary, Educaation and Sports Department, Mantralaya, Mumbai, and others.
Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order
Shri M.V. Samarth, Advocate for Petitioners.
Shri A.A. Madiwale, Assistant Government Pleader for Respondent Nos.1 and 2.
Shri A.Y. Kapgate, Advocate for Respondent No.3.
Coram : R.K. Deshpande & Vinay Joshi, JJ. Dated : 14th February, 2019
In Writ Petition No.4629 of 2012 decided on 20-9-2013, the appointments of the petitioners herein were quashed and set aside. The petitioners were party-respondents in the said writ petition. The petitioners claim that they were working on clock-hour basis since last about seven years and hence they get the right of regularization in service. Reliance is placed upon the decision of the Division Bench of this Court in the case of Sachin Ambadas Dawale and others v. State of Maharashtra and another , reported in 2014(2) Mh.L.J. 36 , and it is urged that the petitioners in this case were appointed by following the procedure.
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1402wp1964.17.odt
It is not possible for us to accept such submission. The petitioners were undisputedly working on clock-hour basis. The recruitment in the service of the Zilla Parishad is governed by the District Services (Recruitment) Rules. It is not in dispute that the procedure prescribed under the Recruitment Rules has not been followed. Be that as it may, if the posts are sanctioned, then all the persons eligible or entitled to compete in the process of selection will have to be provided an opportunity; otherwise, it will violate the provision of Article 14 and 16 of the Constitution of India. The regularization of 'back door' entries cannot be permitted. The decision referred to above does not apply to the facts of the case at hand.
The petition is dismissed.
(Vinay Joshi, J.) (R.K. Deshpande, J.)
Lanjewar
3 issues framed by the court
Whether petitioners working on clock-hour basis are entitled to regularization despite non-compliance with recruitment rules.
Whether the decision in Sachin Ambadas Dawale case applies where strict adherence to recruitment rules is violated.
Whether permitting regularization of back door entries violates Articles 14 and 16 of the Constitution.
Colour shows how this judgement treated each authority
Sachin Ambadas Dawale and others v. State of Maharashtra and anotherDistinguished¶12
2014(2) Mh.L.J. 36 · Who else cites this
4 provisions across 3 enactments
Rishikesh Radhelal Katre and another
State of Maharashtra
Secretary, Education and Sports Department
R.K. Deshpande
Vinay Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
