Vanita Chandrabhan Dayate And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8610 OF 2023 Vanita Chandrabhan Dayate and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Mohanish V. Thorat, Advocate for the Petitioners. Mrs. M. A. Deshpande, Addl.G.P. for the Respondent Nos. 1 & 2. CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

19 JULY 2023.

ORDER :

.

Heard learned advocate for the petitioner.

2.

Prayer clauses "B" and "C" read as under :

"B.

By issuing writ of certiorari and mandamus or by way of any other appropriate writ order, or directions in like nature, quash and set aside impugned list of qualified candidates dated 01/04/2022 in accordance with Rule 2(g) and 3(a)(1) & (2) of The Deputy Education Officer in the Maharashtra Education Service, Group - B (Administrative Branch) (Gazetted) (Recruitment), Rules, 2016. C.

By issuing writ of certiorari and mandamus or by way of any other appropriate writ order, or directions in like nature, direct respondent no. 1 and 3 to modify list of qualified candidates published by Maharashtra Public Service Commission on its website dated 01/04/2022."

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Considering the provisions of Section 28 read with Section 15 of the Maharashtra Administrative Tribunals Act, the petition under Article 226 of the Constitution of India for grant of aforementioned reliefs would not be maintainable. 4.

The writ petition is disposed of with liberty to the petitioners to approach the Maharashtra Administrative Tribunal.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] bsb/July 23