Jayant Santoshrao Deshmukh v. The State Of Maharashtra And Others

17.wp.5405.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5405 OF 2021 JAYANT SANTOSHRAO DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Pawar Hemantkumar F. AGP for Respondent/State: Mr. S.K. Tambe ...

CORAM

: S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30/03/2021 PER COURT :

1.

The learned AGP raises a preliminary objection that the petitioner has remedy before the Maharashtra Administrative Tribunal. The AGP also raises objection with regard to the Territorial Jurisdiction. 2.

The selection process is of the year 1999-2000. Mr. Pawar the learned counsel submits that respondent Nos. 5, 6 and 7 are issued with the appointment orders in the year 2017 and the same is sought to be assailed. In fact, the petitioner is challenging the regularization of respondent Nos. 5 to 7 as per the prayer clause.

3.

The same can be assailed before the Tribunal as may be permissible under law.

4.

In light of that we are not inclined to exercise our jurisdiction on both the accounts that is availability of alternate remedy and the Territorial Jurisdiction of this Court.

1/2

17.wp.5405.21.odt 5.

The writ petition as such is disposed of with liberty to the petitioner to avail the remedy as may be permissible under law. In that event all contentions are kept open. No costs. ( SHRIKANT D. KULKARNI, J. ) ( S. V. GANGAPURWALA, J.) habeeb 2/2