Vijay Shriram Daberao v. The Principal Secretary, Health Department, Mumbai And Others

wp 1442.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 1442/2022 Vijay Shriram Daberao Petitioner.

Versus

The Principal Secretary, Health Department, State of Maharashtra, Mumbai and others Respondents.

Shri O.Y. Kashid, Advocate for the Petitioner. Shri N.R. Patil, A.G.P. for the Respondent No.1. CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATED : 16 MARCH 2022 P.C.:

Heard learned Counsel for the parties.

2.

The Petitioner is aggrieved by his non-selection by the Respondent-Zilla Parishad to the post of Case Registry Assistant/Record Keeper. The Petitioner has been held to be not qualified on the ground that the degree obtained by the Petitioner is not in respect of a Full Time Course.

3.

The learned Counsel for the Petitioner submitted that the Petitioner had completed the course from Yashwantrao Chavan Maharashtra Open University, Nashik, which degree is equivalent to the degree of other recognized University. The impugned remark, however, Deshmukh

wp 1442.2022.odt does not place emphasis on the University being not recognized, but not completing a full time course.

4.

In the entire Petition, there is no assertion that the course completed by the Petitioner and the degree obtained therein was a full time course. No document is placed on record to show that the course was a full time course. Therefore, there is no error in the impugned remark.

5.

The Respondent Nos. 4 and 5 have been appointed after following the due procedure by the Respondent-Zilla Parishad, who are working and their appointments therefore cannot be faulted. 6.

In the light thereof, we are not inclined to interfere in writ jurisdiction. Writ Petition is rejected.

[ANIL L. PANSARE, J] [NITIN JAMDAR, J] SANDEEP CHANDRASHEKHAR DESHMUKH Date: 2022.03.21 18:44:38 +0530 SANDEEP CHANDRASHEKHAR DESHMUKH Deshmukh