This writ petition challenges the dismissal of the petitioner's application by the Maharashtra Administrative Tribunal. The court examined whether the course she was trained on was actually continued post-termination and dismissed the petition for lack of evidence.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3695 of 2021
(Jidnyasa Arunrao Kubde vs. The 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.
Court's or Judge's
Mr.A.P.Joshi, Advocate for the petitioner Mr.N.R. Patil,AGP for the respondents 1 to 4
CORAM : DIPANKAR DATTA, CJ. & NITIN W. SAMBRE,J. DATE : 8th September, 2022
2) We have heard the learned counsel appearing for the petitioner and have perused the order impugned.
3) It appears that the petitioner was employed on purely contract basis for two years. Thereafter, her service was terminated on 9th December, 2014. Incidentally, the course for which the petitioner was appointed has already been closed. The learned counsel for the petitioner states that the concerned course has
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been continued and the finding of the Tribunal is based on incorrect representation of facts. However, we have not been shown as to how the finding is based on incorrect representation of facts. There is no material on record to establish that the course was continued beyond 9th December, 2014. In any event, the submission of the learned counsel that the concerned Minister desired not to close down the course and to carry on the same is of no assistance. There has to be a policy decision for continuing the earlier course or to reintroduce a course of similar nature. We need not examine such aspect on this writ petition. If at all the course is reintroduced, it shall be open to the petitioner to apply for the post in accordance with law.
4) With the above observations, the writ petition stands dismissed. No costs.
[NITIN W.SAMBRE,J.] [DIPANKAR DATTA,CJ.]
sahare
Digitally Signed ByNARENDRA BHAGWANTRAO SAHARE Location: Signing Date:08.09.2022 16:51
1 issue framed by the court
Whether the finding of the Administrative Tribunal regarding termination of service is based on incorrect representation of facts?
Jidnyasa Arunrao Kubde
The State of Maharashtra and others
DIPANKAR DATTA
NITIN W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
