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Bombay High CourtWP/10186/2019disposed offdismissed for default

Amita Madhavrao Kshatriya v. The State Of Maharashtra And Another

2019-09-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor2 pages

1 wp 10186.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10186 OF 2019 AMITA MADHAVRAO KSHATRIYA

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Choudhari Sushant B. AGP for Respondent No. 1 : Mr. P. G. Borade Advocate for Respondent No. 2 : Mr. S. S. Bora ...

CORAM: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE:

rd SEPTEMBER, 2019 PER COURT:

1.

Mr. Choudhari, learned counsel for the petitioner submits that on technical grounds the petitioner is held not eligible for the post of Subject Matter Specialist (Extension Education). The only objection was that the petitioner has not filed the small family certificate and signed declaration is not attached. One more opportunity was given to clear defects by issuing notice dated 24.05.2019. The petitioner submitted the undertaking with the signature within time given

2 wp 10186.19 by respondent no. 2, however the said aspect is not considered.

2.

Mr. Bora, learned counsel for respondent no. 2 submits that it is not case of rigid adherence to the procedure, however the condition to submit small family certificate is mandatory. 3.

It appears that the petitioner had applied from the open competition category. Only one post was available. It also appears that there are three candidates above the petitioner for one post. Even otherwise, the petitioner would not be entitled to claim the post as per the merit.

4.

In the light of above, writ petition stands disposed of. No costs.

[ANIL S. KILOR, J.] [S. V. GANGAPURWALA, J.] marathe