Vijay Ravi Telmore v. The Secretary, Maharashtra Public Service Commission (M.S) , Mumbai And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18618 OF 2024 Vijay Ravi Telmore, ] R/of Tawri Pada, Kalyan (West), Dist. Thane ] .. Petitioner

Versus

1. The Secretary, ] Maharashtra Public Service Commission, ]

2. The State of Maharashtra, ] Through Principal Secretary, ] School Education and Sports Department ] .. Respondents Mr. Abhijit Desai with Mr. Digvijay Kachare, Mr. Vijay Singh, Mr. Karan Gajra, Ms. Daksha Punghera, Ms. Rohini Rehpade and Ms. Pratiksha Mandal, Advocates for the Petitioner.

Mr. A.I. Patel, Additional Government Pleader with Ms. Tejas Kapre, Assistant Government Pleader for the Respondents. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 28TH JANUARY 2025.

P.C. :

1.

This writ petition raises a challenge to the interim order dated 5th December 2024 passed by the Maharashtra Administrative Tribunal in Original Application No.1550 of 2024 (Smt. Poonam D. Sawant & Ors. Vs. The State of Maharashtra & Ors.). Since the further process of recruitment for the post of "Taluka Sports Officer" in the Directorate of Sports and Youth Services, Group-B is underway, the learned counsel for the petitioner prayed for consideration of his entitlement to participate in the said recruitment process.

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2.

Accordingly, we have heard the learned counsel for the parties on the prayer for grant of interim relief. The petitioner seeks entitlement to participate in the process of recruitment for the post of "Taluka Sports Officer" in the Directorate of Sports and Youth Services, Group-B. Under Clause (9.2) of the Advertisement bearing No.030/2023, a candidate is required to possess experience of minimum five years as Sports Teacher in a school or college or as a Physical Instructor gained after acquiring the qualification mentioned in Clause (8.1). To satisfy the said requirement, the petitioner seeks to rely upon an Experience Certificate dated 11th November 2023 in which it has been stated that since 2016, the petitioner is representing Mumbai Police in its Hand-Ball Team Player at various levels.

It is further stated that he is also engaged in imparting training in Hand-Ball in the Sports Department of Mumbai Police. The petitioner has been appointed as a Police Constable on 30th May 2015. The candidature of the petitioner was not found eligible on the ground that in the application form he had stated that this training imparted by him was without receiving any further pay. The petitioner attempted to offer a clarification by a registered letter dated 14th December 2023 with aforesaid documents, however his name was shown in the list of "Ineligible Candidates".

Maharashtra Public Service Commission on 10th June 2024 and 10th July 2024 (pages 84 and 85 of the writ petition).

3.

Prima facie, considering the fact that the petitioner's appointment order dated 30th May 2015 indicates the pay-scale admissible to him coupled with the fact that the Certificate dated 11th November 2023 indicates experience in rendering sports training for a period of more than five years, without prejudice to the rights and contentions of the respondents and subject to outcome of the Original Application preferred by the petitioner which is pending before the Maharashtra Administrative Tribunal being Original Application No.1550 of 2024, we are inclined to permit the petitioner to participate in the recruitment process. 4.

It is informed that in terms of Advertisement No.030/2023, the interviews of candidates are scheduled on 28th January 2025 and 29th January 2025. The petitioner shall be permitted to participate in the said process subject to outcome of Original Application No.1550 of 2024. It is made clear that the petitioner shall not claim any equity whatsoever in the matter.

5.

Since the petitioner's Original Application No.1550 of 2024 is pending before the Maharashtra Administrative Tribunal, it is not necessary to keep this writ petition pending. It is clarified that all contentions of parties are kept open for being urged before the 3/4

Maharashtra Administrative Tribunal. The proceedings in Original Application No.1550 of 2024 are expedited. The writ petition is disposed of in aforesaid terms.

6.

Parties to act on authenticated copy of this order. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.01.28 14:33:17 +0530 4/4 SNEHA ABHAY DIXIT