Ajay Vasantrao Munde v. The Maharashtra Public Service Commission Through Its Chairman And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 9 OF 2018 ALONG WITH CIVIL APPLICATION NO. 8 OF 2018 IN PUBLIC INTEREST LITIGATION NO. 9 OF 2018 Ajay Vasantrao Munde

...Petitioner

Vs.

The Maharashtra Public Service Commission through its Chairman and Ors.

...Respondents

Mr. Chetan Nagare a/.w Mr. Vijaykumar Dhakane for the Petitioner.

Mr.N.V. Dalvi for respondent no. 1.

Mr.C.P. Yadav, AGP for the Respondent nos. 2 and 3 State. Mr. Abhijeet Desai a/w Mr. Rajesh Tekale for Intervenor. CORAM : SHANTANU KEMKAR & M.S. KARNIK, JJ.

DATE :

MARCH 01, 2018 P.C.:

We have been appraised by the learned counsel for the parties that as many as 17 matters or more have been filed by the various applicants before the Maharashtra Administrative Tribunal.

2.

On 17.1.2018 this court has directed that the MPSC shall 1/3

not finalize the results of the selection till next date of hearing. The said order is still in force.

3.

In the circumstances, as agreed by the learned counsel for the parties, we deem it appropriate to dispose of this PIL which is relating to service matter with liberty to the applicants of the said Original Applications to file appropriate application for grant of interim relief in the said pending Original Applications. On receipt of the such applications, the tribunal shall make all endeavour to decide the said applications for interim relief as expeditiously as possible but in any case not later than two weeks from the date of appearance of the parties before it. We also observe that the tribunal shall make endeavour to dispose of the Original Application itself within period of four weeks from the date of appearance of the parties.

4.

Interim order passed by this court shall remain operative till further orders in this regard as may be passed by the tribunal. However, it is made clear that the tribunal shall not be influenced by the interim order dated 17.1.2018 passed by this court and shall be free to decide the application for interim relief as also original applications on their own merits in accordance with law after giving due opportunity of hearing to the parties. 2/3

5.

With the aforesaid directions, petition is disposed of. 6.

Parties to appear before the tribunal on 6th March, 2018 at 11.00 am.

7.

Civil Application No. 8 of 2018 for intervention is also disposed of with liberty to file the same before the tribunal. The tribunal shall decide the same in accordance with law. (M.S. KARNIK, J.) (SHANTANU KEMKAR, J.) 3/3