✦ Bombay High Court · 08 Aug 2012

Judgment · High Court · 2012

Judgment

Mr.H.V. Patil, Advocate for petitioner. Mr. S.K. Tambe, AGP for respondent State/Authorities i.e. R-1 to 3 Mr. S.T. Shelke, Advocate for respondent Nos. 4 and 5. CORAM :- B.P. DHARMADHIKARI & SUNIL P. DESHMUKH, JJ. DATE :- 8TH AUGUST, 2012. PER COURT :- 1] Heard. Rule. Rule made returnable forthwith. Petitioner is at Sr. No.1 as per his performance but has not been selected because he is found not qualified. 2] Shri Patil has invited attention to judgment delivered on 6th July,2012 in W.P. No. 2516 of 2010. He contends that the controversy is squarely covered by that adjudication and hence, qualifications of present petitioner meet the requirement of Clause (1)(b)(ii) of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967. These qualifications are mentioned in Appendix V-A of said Rules. The concerned entry is already interpreted by this court, in the above judgment. 3] We accordingly adopt the reasoning recorded therein as reasons in present matter also. We declare that present petitioner with qualification of B.A.M.S. from recognized University is also entitled to be considered as eligible for competing for FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 340 OF 2012 "Vinod Bhagorao Bhise Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 direct recruitment to the post of Health Supervisor in accordance with aforesaid recruitment rules. If the petitioner is otherwise eligible and competent, the respondent Nos. 2 to 5 shall consider his entitlement and issue him necessary appointment order. 4] Rule made absolute in above terms, with no orders as to cost. [SUNIL P. DESHMUKH,J.] [B.P. DHARMADHIKARI,J] grt/-

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