Hemlatabai Gyaniram Nagdeve v. Principal Secretary, Maharashtra Public Service Commission, Mumbai

1 962-WP-3867-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3867 OF 2023 (Hemlatabai Gyaniram Nagdeve Vs. Principal Secretary, Maharashtra Public Service Commission) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri T.T. Mirza, Advocate for the petitioner. Ms S.S. Jachak, Assistant Government Pleader for the respondent. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : JULY 18 , 2023 The learned Assistant Government Pleader for the respondent submits that pursuant to the interim order dated 4/7/2023, the petitioner has been interviewed. She further submits that since the recruitment pertains to the Home Department of the State Government, the remedy of the petitioner if she is not selected would lie before the Maharashtra Administrative Tribunal. 2] We find that remedy of approaching the Maharashtra Administrative Tribunal for challenging the order dated 15/6/2023 is available to the petitioner in case she is found eligible for appointment on the post of Assistant Public Prosecutor. In any event, in the case of non-selection too, she can approach the Maharashtra Administrative Tribunal.

3] Keeping the challenge raised to the order dated 15/6/2023 open, the respondent is directed to declare the result of interview to enable the petitioner to take further steps. Needless to state that even if the petitioner is found eligible in the interview, she would be required to challenge the order dated 15/6/2023 in accordance with law.

4] Keeping the points raised in the Writ Petition open, it is accordingly disposed of with the aforesaid liberty. No costs. (MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) SUMIT