Dr. Mahendranath Vishwanath Ingale v. The State Of Maharashtra And Anothers

CA 14861/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14861 OF 2015 IN WRIT PETITION NO. 6933 OF 2012 Mahendranath Vishwanath Ingale Applicant versus The State of Maharashtra & another Respondents Ms. P.S. Talekar, advocate for the applicant. Mr. S.G. Karlekar, AGP for respondent No. 1.

CORAM: PRADEEP NANDRAJOG, CJ & R.G. AVACHAT, J.

DATE: 27.09.2019 PER COURT :

1] The writ petition concerns an advertisement dated 28.01.2009. The grievance of the petitioner is to non-empanelment to the post of Principal on the ground that the subject matter of the Doctorate degree of the petitioner does not render the petitioner eligible to be appointed as the Principal.

CA 14861/15 - 2 - 2] The second advertisement dated 15.07.2015 changes the criterion. The second advertisement would therefore not be a subsequent fact relevant for adjudication in the writ petition. 3] Amendment prayed for vide Civil Application No. 14861/2015 to question the eligibility norms prescribed vide advertisement dated 15.07.2015 cannot be permitted.

4] Dismissing the application, we simply observe that if the petitioner intends to challenge the said advertisement, he may do so, in a substantive proceeding.

(R.G. AVACHAT, J.) CHIEF JUSTICE dyb