Narayan Dinkar Kulange v. The Presiding Officer Mah Administrative Tribunal Mumbai And Others

1 ra 227.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 227 OF 2022 IN WRIT PETITION NO. 276 OF 2011 Narayan Dinkar Kulange .. Applicant

Versus

The Presiding Officer Maharashtra Administrative Tribunal, Mumbai and others .. Respondents Shri Rahul R. Karpe, Advocate for the Applicant. Mrs. R. P. Gour, A.G.P. for the Respondents/State. Shri P. R. Tandale, Advocate for Respondent No. 3. CORAM :

MANGESH S. PATIL AND SANDEEP V. MARNE, JJ.

DATE :

23.08.2022.

FINAL ORDER :

.

By the present review application, the applicant seeks review of the order dated 13.02.2017, by which the order passed by the Maharashtra Administrative Tribunal dismissing the original application of the applicant has been upheld. 2.

Perusal of the review application shows that no error in the order, which is apparent on the face of record has been pleaded. On this ground alone the review application deserves to be dismissed.

2 ra 227.22 3.

However, we have proceeded to hear Mr. Karpe learned advocate appearing on behalf of the review applicant. The only submission made by Mr. Karpe before us is that this Court has erroneously considered Mr. Aswale Mahesh Chandrakant as Other Backward Class candidate, wherein in fact he belongs to general category. We find this Court has proceeded to dismiss the writ petition on the basis of reasons in para 5 of the order. The reason in para 6 is merely an additional one for dismissal of the petition. Therefore, even if it is assumed for the sake of arguments that there is indeed any error committed while considering the said candidate as O.B.C., the same would not alter the ultimate decision in the petition. Even otherwise Mr. Karpe has not been able to point out to us any pleading being raised in the writ petition to the effect that Mr. Aswale Mahesh Chandrakant does not belong to O.B.C. category. The review sought is thus totally unwarranted.

4.

We, therefore, do not find any error in the order which is apparent on the face of record. The review application is filed as if the same is an appeal over the order passed by this Court. Therefore, there is absolutely no merit in the review application. Same is dismissed without any orders as to costs. [SANDEEP V. MARNE, J.] [MANGESH S. PATIL, J.] bsb/Aug. 22