Baburao Shravan Gaikwad v. The Registrar, Vasantrao Naik Marathwada Agricultural University

ra53.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD REVIEW APPLICATION NO. 53 OF 2014 IN WRIT PETITION NO. 650 OF 2014 Baburao Shravan Gaikwad .. APPLICANT

VERSUS

The Registrar, Vasantrao Naik Marathwada Agricultural University, Parbhani .. RESPONDENT Mr. S.D. Dhongade, advocate for applicant.

Mr. S.G. Sangle, advocate for respondent.

===== CORAM : R.M. BORDE & N. W. SAMBRE, JJ.

DATE : 15th MARCH, 2016.

PER COURT :

1.

This is an application seeking review of the order passed by this Court on 27th January, 2014. Petitioner contends that he possesses the requisite eligibility for considering his claim for appointment to the post of tractor driver and that, the observation made in the judgment appears to be based on factual incorrect information tendered at the relevant time. Petitioner contends that he has been issued license by the competent authority to drive tractor in the year 2011 and as such, on the date of holding of driving test, he was possessing requisite license. Petitioner as such contends that he ought to have been considered eligible. 2.

The advertisement issued by respondent - University prescribes that the candidate seeking appointment as tractor driver shall possess five years

ra53.14.doc experience to drive tractor. Harmonious reading of the relevant clause leads to a conclusion that the experience shall be in respect of driving of tractor and, the experience of driving any other vehicle may not be considered as substitute. Since the petitioner does not fulfill the eligibility requirement for consideration of his claim for being appointed as tractor driver, review application need not be entertained. Review application is devoid of substance hence stands rejected.

( N. W. SAMBRE ) ( R. M. BORDE ) JUDGE JUDGE dyb