Shaikh Azharuddin Mazharuddin v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO.10664 OF 2022 SHAIKH AZHARUDDIN MAZHARUDDIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr Sayyed Tauseef Yaseen, Advocate for petitioner; Mr P. K. Lakhotiya, A.G.P. for respondents/State Mr R. N. Chavan, Advocate h/f Mr M. D. Narwadkar, Advocate for respondent No.2 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 13th October, 2022 PER COURT:

1.

The petitioner claims to have served as a Medical Officer at the District Hospital, Kaij for the period 01/08/2014 to 17/04/2018, totalling 3 years and 8 months. The petitioner has appeared for the NEET P.G 2022 exams and is found to be eligible from the in-service quota. In-service Medical Officers merit list of NEET P.G. 2022 and M.D.S. 2022 was published on 29/09/2022. The petitioner was shown as not eligible. 2.

Having perused the record placed before us by the petitioner, it appears that the petitioner is above the requisite

(2) experience of 3 years. On this count, he is eligible. The learned Advocate for the petitioner submits on instructions that, his eligibility is now cleared during the pendency of this petition, on 06/10/2022. He is, therefore, hopeful of being considered for the second round of the NEET P.G. 2022 merit list. 3.

The learned Advocate representing respondent No.2, submits that respondent No.3, represented by the learned A.G.P., has to communicate the eligibility of the petitioner to respondent No.2, who in turn, would consider the case of the petitioner in the second round, leading to the publication of the second merit list, depending upon the score of the petitioner, his eligibility, availability of posts and his preferences.

4.

In view of the above, this petition is disposed off. 5.

We direct respondent No.3 to consider the case of the petitioner in the light of the entire record, and if the petitioner is eligible, his name would be referred to respondent No.2, on or before 20/10/2022.

6.

Respondent No.2, would then consider the case of the petitioner, depending upon his score, eligibility, number of

(3) vacancies and his preferences.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk