Mahesh Kachu Gaikwad v. The Collector, Thane District And ORS.

13-wp-1197-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1197 OF 2015 Mahesh Kachu Gaikwad ....Petitioner.

Versus

The Collector Thane Dist. & Ors.

...Respondents.

Mr. S.P.Dighe, advocate for the Petitioner.

Mr. Vikas Mali, AGP for the respondent-State. CORAM : SMT. VASANTI A.NAIK & SHRI C.V.BHADANG, JJ.

DATED : February 17, 2015.

P.C.:

By this petition, the petitioner challenges the select list dated 2.12.2011 published by the respondents for appointment on the posts of clerk , typist, etc. in pursuance of the advertisement issued on 15.9.2011. The reliefs sought by the petitioner cannot be granted. The advertisement calling applications for appointment on various posts was issued on 15.9.2011 and the select list was published by the respondents on 2.12.2011. The respondent nos.4 to 42 have been appointed on various posts in pursuance of the selection. The only grievance of the petitioner is that the examination was not conducted by an authorized Shivgan 1/2

13-wp-1197-15 agency and was conduced by a private agency. We would not like to exercise discretionary powers under Article 226 of the Constitution of India for setting aside the appointments of the respondent nos.4 to 42 after a period of more than 3 years on the aforesaid ground. Merely because the petitioner has secured less marks in the written examination and it is the case of the petitioner that he ought to have secured more, the relief sought by the petitioner cannot be granted. Hence, we dismiss the writ petition with no order as to costs. ( C.V.BHADANG, J.) (MRS. VASANTI A.NAIK, J.) Shivgan 2/2