Sheikh Fatima Tabassum D/O Abdul Basit v. Maharashtra Public Service Commission, Mumbai

08.09.wp.2813.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2813 /2015 (Sheikh Fatima Tabassum D/o Abdul Basit vs. Maharashtra Public Service Commissioner, Mumbai ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Shri A.V. Bhide, Advocate for the petitioner CORAM : SMT. VASANTI A. NAIK & A.I.S.CHEEMA, JJ.

DATED : 8th September, 2015.

Heard.

By this Petition, the petitioner seeks a direction to the respondent to reschedule the interviews for appointment on the post of Lecturer in Physics. On hearing the learned counsel for the petitioner and on a perusal of the Writ Petition, ti appears that the relief sought by the petitioner cannot be granted. The interviews were scheduled on 19.12.2014 and the Writ Petition was filed on 1.4.2015. The petitioner admittedly did not tender the noncreamy layer certificate at the time of interview. According to the petitioner, an opportunity was required for producing the non-creamy layer certificate, subsequently. Since an opportunity was not granted, the petitioner has sought a direction to the respondent to re-schedule the interviews.

In the circumstances of the case, the relief

08.09.wp.2813.15 sought by the petitioner cannot be granted. More than eight months have elapsed from the date of the interview and the respondent must have selected and appointed the eligible candidates. Also, the petitioner had admittedly not tendered the non-creamy layer certificate at the time of interview and hence her candidature may not have been considered. There is delay in filing the Writ Petition, inasmuch as the interviews were conducted on 19.12.2014 and the Writ Petition has been filed on 1.4.2015.

The Writ Petition is dismissed, with no order as to costs.

JUDGE JUDGE sahare