Bombay High CourtCAW/105/2017rejected at admission stage

Shri Avinash S/O. Ramdas Kapgate v. The State Of Maharashtra Thr. Principal Secretary Dept. Of Social Justice Special Asst. Mumbai And

2017-01-13Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1301caw105.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAW NO. 105/2017 AND WRIT PETITION NO. 5755 OF 2016 (Shri Avinash s/o Ramdas Kapgate vs. The State of Maharashtra thr. its Principal Secretary, Department of Social Justice & Special Assistance & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

JANUARY 13, 2017.

Shri D.T. Shinde, learned counsel for the applicant/ petitioner, Mrs. K.S. Joshi, learned AGP for respondent Nos. 1 to 3 and Mrs. S.W. Deshpande, learned counsel for respondent Nos. 4 & 5.

Writ Petition has been filed by a person who has entered in the employment without public advertisement and without facing any competitive selection process. By civil application, the effort is to demonstrate that a pamphlet was distributed in general public by the employer and the petitioner applied in response thereto. Such an entry cannot be accepted and hence the request for granting approval by the State Government to such an appointment also cannot be entertained by this Court.

If the employer finds that recruitment is valid, it is for the employer to pay salary and other dues to the petitioner. No right is demonstrated by the petitioner to seek approval and salary through public revenue. Writ petition as also CA is rejected. No costs. JUDGE JUDGE *GS.