Sonali Shrimant Varwate And Others v. The State Of Mahrashtra And Another

1 982-WP-11496-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11496 OF 2019 WITH CIVIL APPLICATION STAMP NO. 30366 OF 2019 SONALI SHRIMANT VARWATE AND OTHERS ...PETITIONERS

VERSUS

THE STATE OF MAHRASHTRA AND ANOTHER ...RESPONDENTS Mr. S.S. Thombre, Advocate for Petitioners Mr. A.B. Girase, Government Pleader for Respondents-State Mr. S.D. Mundhe, Advocate for Caveator Mr. A.S. Deshmukh, Advocate for Caveator CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 19th SEPTEMBER, 2019 ORAL ORDER:

1.

The petitioners are assailing the revised list published by respondent No. 2 on 07.09.2019 for the State services. 2.

We have heard Mr. Thombre, the learned Counsel for the petitioners and Mr. Girase, the learned Government Pleader. 3.

The learned Government Pleader raises an objection that the petitioners have remedy before the Maharashtra Administrative Tribunal.

2 982-WP-11496-2019 4.

Mr. Thombre, the learned Counsel for the petitioners submits that in view of the judgment delivered by this Court, the Maharashtra Administrative Tribunal is not in a position to consider the notification and the circular and that the alternate remedy is no bar to entertain the present writ petition.

5.

We find that the special Tribunal is created to deal with the matters of such nature. The Tribunal can certainly consider the judgment delivered by this Court as would be cited before it. 6.

The matter is transmitted to the Maharashtra Administrative Tribunal, Aurangabad along with the application for intervention.

7.

The Registry shall take immediate steps.

8.

The petitioners may pray before the Tribunal for hearing their interim application expeditiously.

[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta