Shri. Sanjay Raghunath Sanap v. Navi Mumbai Municipal Corporation Through Commissioner

81 wp 337-20.doc Pradnya Bhogale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 337 OF 2020 Sanjay Raghunath Sanap ..Petitioner vs Navi Mumbai Municipal Corporation ..Respondent ...........

Dr. Uday Warunjikar a/w Mr. Sumit Kate for Petitioner. Mr. Sandeep Marne for Respondent.

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CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.

DATE : 22 JANUARY 2020 P.C.:- The Petitioner has challenged the communication dated 9 October 2019 that the Petitioner was not qualified to apply for the post of Leading Fireman pursuant to the advertisement dated 3 September 2018. The communication informs the Petitioner that qualification for the said post is completion of six months course from "State Fire Training Centre" and he has not complied with Clause 2 of the advertisement regarding completion of this training course. 2.

Learned counsel for the Petitioner submitted that in the advertisement dated 3 September 2018, Clause 2 refers to 1/2

81 wp 337-20.doc completion of six months training from "National Fire Training Centre" certificate which the Petitioner possessed. He submitted that therefore the impugned communication is bad in law and proceeds on incorrect facts.

3.

The Respondents have filed their reply in which it is pointed out that there was a typographical error in the advertisement. The requirement should have stated as "State Fire Training Centre" and that mentioning of "National Fire Training Centre" was a mistake. It is stated by the learned counsel for the Petitioner that the candidate had completed training from "National Fire Training Centre". Therefore, the recruitment process pursuant to the advertisement dated 3 September 2018 can not proceed in view of the mistake in the Advertisement. Therefore, the fresh recruitment process will have to start . 4.

In these circumstances, we do not find any merit in this Petition so as to warrant interference in the writ jurisdiction. 5.

Writ Petition is accordingly disposed of.

(M.S.KARNIK, J.) (NITIN JAMDAR, J.) 2/2