Bombay High CourtWP/248/2016dismissedrule discharged

Ashutosh Ramesh Shambharkar v. State Of Maharashtra Thr Its Secretary, Industries, Mantralaya, Mumbai And Others

2016-03-30Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

3003wp248.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.248/2016 Ashutosh Ramesh Shambharkar ...Versus...

State of Maharashtra, Through its Secretary, Industries, Energy and Labour Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Khati, Advocate for petitioner Shri N.R. Rode, AGP for respondent nos.1 and 2 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 30.03.2016 By this petition, the petitioner challenges the advertisement published by the respondent no.3 - Member Secretary, Regional Selection Committee and Manager, Central Jail Press, Nagpur, dated 15.11.2013 being contrary to the policy of the State Government as reflected in the Government Resolution, dated 19.10.2007. Admittedly, the petitioner has applied in pursuance of the advertisement, dated 15.11.2013. After having participated in the selection process, the petitioner cannot turn around and challenge the advertisement. It is held by the Hon'ble Supreme Court from time to time that a candidate cannot be permitted to challenge the selection process after participating in the same. It would be necessary to refer to the

3003wp248.16.odt judgments of the Hon'ble Supreme Court, reported in 2009 (3) SCC 227, 2008 (4) SCC 171, 2010 (12) SCC 576 and 2011 (1) SCC 150 in this regard.

Since the petitioner is not entitled to file the writ petition after participating in the selection process, the writ petition is dismissed with no order as to costs. JUDGE JUDGE Wadkar