Satish Shivaji Shinde v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1170 OF 2017 Satish S/o Shivaji Shinde Age: 26 years, occu: nil, R/o Takalibhan, Tq. Shrirampur, Dist. Ahmedmanagar Petitioner

Versus

The State of Maharashtra, Through Principal Secretary, Rural Development Department, Mantralaya, Mumbai 32 The District Selection Committee, Through the President, The District Collector, Ahmednagar The Chief Executive Officer, Zilla Parishad, Ahmednagar Respondents Mr.R.R. Karpe advocate for the petitioner Mr.S.P. Sonpawale, Assistant Government Pleader for Respondent Nos. 1 & 2 Mr. S.T.Shelke advocate for respondent No.3 _______________ CORAM : R. M. BORDE & VIBHA KANKANWADI, JJ (Date: October 3rd 2017) ORAL JUDGMENT (Per: R.M. Borde, J) Heard.

{2} Rule. With the consent of the parties, petition is taken up for final disposal at admission stage.

The petitioner has been selected for the post of Contractual Gramsevak in pursuance to the process initiated by the Zillha Parishad for selection of such candidates. The petitioner contends that, though the selection has been finalized in the year 2015, he has not been offered the posting, though his juniors have been considered and have been issued letters of appointment. The petitioner claims that he is holding D.Ed. qualification and is conversant with computer operation and information and technology. It is contended that, one of the subjects prescribed during his training relates to information and technology. The petitioner has not been considered for appointment merely on the ground that, he has not produced certificate of having passed MS-CIT examination or D.O.E.A.C.C./N.E.I.L.I.T. certificate.

It is contended that, the candidates who do not have the requisite training in operation of computer, have also been considered for appointment and there is a condition recorded in the letter of appointment that, the appointees will have to clear the requisite computer examination within a period of two years.

{3} The petitioner claims that he also deserves to be treated equally as in case of other selected candidates and the norms and the regulations prescribed in case of other candidates shall also be made applicable to his case. Apart from this, it is informed that, the petitioner has already passed MS-CIT examination and there is no reason for the respondent to withhold issuance of letter of appointment.

For the reasons recorded above, writ petition is allowed. Respondent Zilha Parishad is directed to issue letter of appointment to the petitioner in pursuance of his selection for the post of contractual gramsevak, as expeditiously as possible and preferably within a period of four weeks from today. Rule is made absolute to the extent specified above. There shall be no order as to costs.

( VIBHA KANKANWADI, J ) (R. M. BORDE, J) vbd