Pradipkumar Ankush Dhengale v. State of Maharashtra and Ors.
Case brief
What is this about?
This Bench held that the six writ petitions challenging Maharashtra Public Service Commission selection rules were not maintainable. Relying on L. Chandra Kumar and Vijay Ghogare, the Court ruled that Administrative Tribunals are the sole courts of first instance for service matters, denying the High Court jurisdiction to try merits.
What the court decided
908-aswp2270-2021 State group
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2270 OF 2021
Gaurav Ganesh Das Daga & Ors. …Petitioners
V/s.
Maharashtra Public Service Commission & Anr. …Respondents
WITH
INTERIM APPLICATION NO. 1736 OF 2021 IN
WRIT PETITION NO. 2270 OF 2021
Hulkunde Manoj Sharnappa …Applicant
V/s.
Issues for consideration
2 issues framed by the court
Whether the High Court has jurisdiction to entertain writ petitions regarding selection issues of EWS category candidates when the Administrative Tribunal is the competent court of first instance.
Whether the availability of alternative remedy under the Administrative Tribunals Act bars the writ jurisdiction of the High Court in service matters involving reservation disputes.
Parties & counsel
- petitioner
Gaurav Ganesh Das Daga & Ors.
- applicant
Hulkunde Manoj Sharnappa
- petitioner
Yojana Shriniwas Kulkarni & Ors.
- applicant
Bhavesh Bhiku Shinde
- applicant
Subhash Dattu Borate & Ors.
- applicant
Case details
As recorded by the court registry
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