Bombay High CourtWP/4121/2015dismissedrule discharged

Kum Bhagyashri D/O. Namdevrao Gavhale v. Maharashtra Public Service Commission, Through Its Secretary

2016-06-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4121 OF 2015 Ku.Bhagyashri d/o Namdevrao Gavhale -vsMaharashtra Public Service Commission, through its Secretary and one another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. A. R. Patil, counsel for the petitioner.

Mrs. Kalyani Deshpande, AGP for the respondents. CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 20.06.2016.

By this writ petition, the petitioner has challenged the refusal on the part of the concerned respondents to appoint the petitioner on the post of Civil Judge, Junior Division and Judicial Magistrate First Class.

On hearing the learned counsel for the parties and on a perusal of the affidavit-in-reply, filed on behalf of the respondent No.1Maharashtra Public Service Commission and the other respondent, it appears that the name of the petitioner was rightly not recommended by the Maharashtra Public Service Commission. Along with several other candidates, the petitioner had also secured 132 marks. The Maharashtra Public Service Commission, however, gave preference to the candidates, who possessed the post graduate degree in Law. The petitioner admittedly did not possess the post graduate degree in Law. We do not find that the respondent No.1- Maharashtra Public Service Commission committed any illegality in not recommending the name of the petitioner for appointment as Civil Judge, Junior Division and Judicial Magistrate First Class though she had also secured 132 marks that were secured by the other nine candidates that were lastly selected.

2/2 wp4121.15 Since the action on the part of the respondent No.1Maharashtra Public Service Commission in not recommending the name of the petitioner cannot be found fault with, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE KHUNTE