Vinayak Bhagwan Kalambe v. The State Of Maharashtra Thr Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19379 OF 2024 Vinayak Bhagwan Kalambe .. Petitioner Vs.

The State of Maharashtra, Through Department of Public Health and Anr.

.. Respondents Mr. Ritvik Joshi, Advocate for the Petitioner. Ms. Neha S. Bhide, Government Pleader with Mr. A.I. Patel, Additional Government Pleader and Mrs. A.A. Purav, Assistant Government Pleader for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 8TH JANUARY 2025.

P.C. :

1.

The challenge raised in this writ petition is to an interim order dated 20th December 2024 passed by the Maharashtra Administrative Tribunal in Original Application No.1620 of 2024 preferred by the petitioner. In the Original Application, the issue was with regard to eligibility of the petitioner for being entitled to be selected on the post of "Administrative Officer, Group-B (Public Health Department)". Since the Tribunal refused to grant any interim relief, the petitioner has approached this Court. 2.

It is informed that there are various Original Applications filed before the Maharashtra Administrative Tribunal by the candidates seeking appointment on the post of "Administrative Officer, Group-B" from the Digitally signed by SNEHA ABHAY DIXIT Date:

2025.01.08 14:42:19 +0530 1/3 SNEHA ABHAY DIXIT

Public Health Department. In Original Application No.1633 of 2024 (Shri S.S. Karche Vs. State of Maharashtra & Ors.) with connected matters, the Maharashtra Administrative Tribunal on 27th December 2024 has issued an interim direction, which reads as under :- "17.

..................... Hence, 'MPSC' is informed not to publish any 'Select List' and then prepare 'Recommendation List' till the 'Next Date' i.e. 13.01.2025 in respect of the 'Administrative Officer, General State Services, Group-B' under Directorate of Health Services."

3.

Since we find that the petitioner is similarly situated as the applicants in Original Application No.1633 of 2024 and other Original Applications, the interest of justice requires a similar interim direction to be issued in favour of the petitioner.

4.

Accordingly, by modifying the order dated 20th December 2024 passed by the Tribunal in Original Application No.1620 of 2024 and for reasons that have been stated in the order passed by the Tribunal dated 27th December 2024 referred to above, we direct that the Maharashtra Public Service Commission shall not publish any 'Select List' as well as 'Recommendation List' with regard to the post of "Administrative Officer, General State Services, Group-B", as directed in other Original Applications.

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5.

With aforesaid directions, the Writ Petition is disposed of. 6.

It is made clear that all contentions of parties are kept open for being considered by the Tribunal.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 3/3