The State Iof Maharashtra Thr. Secretary Public Health Dept. Mumbai And Another v. Kishor S/O Sahadeorao Bagde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5361 OF 2016 The State of Maharashtra, through its Secretary, Public Health Department, Mantralaya, Mumbai and another ..vs..

Shri Kishor S/o Sahebrao Bagde ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Mrs. Bhrarti Dangre, Government Pleader for the petitioners. Shri S.V. Deshmukh, counsel for the respondent/caveator.

CORAM

: DR. MANJULA CHELLUR, C. J. & B.P. DHARMADHIKARI, J.

DATED : OCTOBER 18, 2016.

Heard learned Government Pleader Mrs. Bharti Dangre for the petitioners and learned counsel Shri S.V. Deshmukh for the respondent/caveator.

The writ petitioners are aggrieved by the interim directions issued by the Administrative Tribunal directing the petitioners to permit the respondent-applicant to apply for the post of "Multipurpose Health Worker" in terms of advertisement dated 21.1.2016 without applying the procedure which restricts the age limit as 45 years. Since the Tribunal is yet to decide the matter finally on merits, we are of the opinion that there is no need .....2/-

to keep the writ petition pending or grant any interim relief which would scuttle the entire process of recruitment. We dispose of the writ petition as follows:

We direct the writ petitioners to permit the respondent-applicant to apply for the post of "Multipurpose Health Worker" without insisting on the condition of age limit and they proceed with the entire selection process keeping one post vacant in the category to which the case of the respondent-applicant is vacant. Meanwhile, it would be just and proper that the application pending before the Tribunal could be disposed of. We observe that in the light of peculiar situation in which the entire issue has to be dealt with, the matter requires disposal on priority basis, as expeditiously as possible.

(B.P. DHARMADHIKARI, J.) (CHIEF JUSTICE) !! BRW !!

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