Bombay High CourtWP/11315/2015disposed offdismissed for default

Sheetal Dagadu Undare v. The Secretary And Anothers

2016-11-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane2 pages

WP 11315/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11315/2015 Sheetal d/o Dagadu Undare.

..Petitioner..

Versus

The Secretary & Another.

...Respondents..

...

Shri V.B.Wagh, Advocate for the Petitioner.

Ms.V.N.Patil, AGP for the Respondent No.1.

Shri B.S.Deshmukh, Advocate for Respondent No.2. ...

CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 21.11.2016 ORDER :

1] Mr.Wagh, learned counsel for the petitioner submits that pursuant to the advertisement issued by the respondent for the post of Conductor Junior, the petitioner had applied, participated in the selection process and in the wait list, the petitioner was shown at Sr.No.16. After verification of the documents, the name of the petitioner was placed at Sr.No.17. The respondents are not issuing appointment order to the petitioner. The learned counsel submits that the respondents have declined to issue the appointment order in spite of the fact that the petitioner complies with all the requirements and is eligible for the said post. The respondents are also not filing the reply.

WP 11315/15 - 2 - 2] We have heard the learned counsel for the respondents and the learned AGP for the State.

3] The appointments even as per the petitioner have been made in the year 2014. Even considering the wait list as is filed by the petitioner, the petitioner is shown at Sr.No.16 and the wait list candidates upto Sr.No.13 are said to have been accommodated. Even as per the original wait list, there are two candidates above the petitioner. The petitioner certainly cannot jump the queue. Even whether the said wait list is still operative or not has also not been brought on record.

4] Considering the aforesaid fact, we are not inclined to entertain the writ petition. The writ petition is disposed of. No costs.

5] In case, the candidates above the petitioner are accommodated, then the petitioner may make an application to the respondents, which application would be considered by the respondents on its own merits.

(K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c21111617.doc