Pooja Bhanudas Waghile v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2963 OF 2016 Pooja d/o Bhanudas Waghile Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Y.R.Barhate, advocate for the petitioner.

Mr.S.K.Kadam, AGP for Respondents No.1 to 3.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 11th March, 2016 PER COURT:

The petitioner apprehends that her services will be brought to an end as a result of the observations made by Maharashtra Administrative Tribunal while disposing of O.A. No.694 of 2015.

In the concluding paragraph of the judgment, the Maharashtra Administrative Tribunal has observed thus: As a result, the selection of the Respondents no.4 & 5 is quashed and set aside, as the advertisement pursuant to which they were selected was issued in violation of law. In fact, the whole selection for the post of Geographical Information System Assistant is vitiated and has to be quashed. However, the request of the Applicant for appointment as

{2} wp296316.odt Geographical Information System Assistant is rejected. This Original Application is disposed of accordingly with no order as to costs.

Although the Tribunal has expressed an opinion that, the whole selection for the post of Geographical Information System Assistant is vitiated and has to be quashed, however, has not proceeded to quash the whole process and only selection of Respondents No.4 and 5 has been quashed.

The apprehension expressed by the petitioner that her appointment and selection will be affected as a result of the order passed by the Maharashtra Administrative Tribunal, is misconceived. It is made clear that if at all the Respondentauthorities are required to take any adverse action, same will have to be in conformity with the provisions of law and procedure prescribed in that behalf.

Writ Petition is devoid of substance. Hence, stands dismissed.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp296316