Writ Petition No. 6639 of 2015. Case: Balaji Vs The State of Maharashtra and Ors.. High Court of Bombay (India)

Case NumberWrit Petition No. 6639 of 2015
CounselFor Appellant: P.B. Gapat, Advocate and For Respondents: S.B. Pulkundwar, AGP
JudgesS. S. Shinde and Sangitrao S. Patil, JJ.
IssueService Law
Judgement DateMarch 29, 2016
CourtHigh Court of Bombay (India)

Judgment:

S. S. Shinde, J.

  1. Heard.

  2. Rule. Rule made returnable forthwith. With consent of learned counsel for the parties, the petition is taken up for final hearing.

  3. This petition is filed seeking direction to respondent Nos. 2 and 3 to issue appointment order appointing the petitioner to the post of Driver in the employment of respondent No. 3.

  4. It is the case of the petitioner that respondent No. 2 initiated recruitment process for filling up the posts of Drivers in the year 2015. The petitioner is possessing requisite qualifications for appointment to the post of Driver. Therefore, he applied for the said post. Respondent No. 2 conducted written examination. The petitioner passed the said examination, and his name is included in the select list at Serial No. 550. Thereafter, the petitioner was called for verification of the documents by respondent No. 3. During the course of verification of documents, the petitioner was told by respondent No. 2 that, he possesses Secondary School Certificate, issued by National Institute of Open Schooling, Noida, which institute is not recognised by respondent No. 4. Therefore, the petitioner was considered unfit for the said post for the aforesaid reason and also for the reasons which are mentioned in the Screening Committee report.

  5. Learned counsel appearing for the petitioner invited our attention to the copy of the certificate issued by the National Institute of Open Schooling at Exhibit "C", page 10 of the compilation of the Writ Petition, and submitted that though the said institution is located at Noida, it is an autonomous institution under MHRD, Government of India and also Noida region comes under NCR. Learned counsel further invited our attention to page 11 of the compilation of the Writ Petition and submitted that the petitioner has been declared 'Pass' in the Secondary School Examination conducted by the said Board.

  6. Learned counsel appearing for the petitioner further invited our attention to the letter addressed to all the Regional Managers of State Road Transport Corporation by respondent No. 3, wherein, in clause 2, it is mentioned that the candidates who have passed Secondary School Certificate examination from the National Open Schooling University, New Delhi, should be considered eligible for appointment to the posts which are advertised. Learned counsel, relying upon the pleadings in the petition and grounds therein, submits that, the petitioner possesses the necessary...

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