Chhaya Shyam Adsure v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.6 OF 2018 Chhaya w/o. Shyam Adsure ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents Mr.P.P. More, Advocate for the petitioner.

Mr.A.B. Girase, Government Pleader for respondent/State. Mr.N.R. Bhavar, Advocate for R-3.

Miss P.S. Talekar h/f. Talekar & Associates for R-4. CORAM : S.S.SHINDE & S.M.GAVHANE,JJ.

DATED :

16.01.2018 P.C. :- 1.

Heard. The dispute in respect of appointment of respondent No.4 has been raised. In view of settled position of law, Public Interest Litigation for taking exception to the selection and appointment of an employee is not maintainable, as held by the Supreme Court in the case of Girjesh Shrivastava & Ors. Vs. State of Madhya Pradesh & Ors., (2010) 10 SCC 707 and Hari Bansh Lal Vs. Sahodar Prasad Mahto & Ors., 2010 AIR (SC) 3515. 2.

In that view of the matter, we are not inclined to entertain this Public Interest Litigation. Hence, the Public Interest Litigation stands disposed of.

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Needless to observe that if aggrieved person has remedy to approach the appropriate forum, dismissal of this Public Interest Litigation shall not be construed as an impediment to avail such remedy as available in law. [S.M.GAVHANE,J.] [S.S.SHINDE,J.] /2018/ 18/ snk SEP pil6.18