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2019 Supreme(SC) 526

ARUN MISHRA, NAVIN SINHA
MAHARASHTRA PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY – Appellant
Versus
SANDEEP SHRIRAM WARADE – Respondent


Advocates Appeared:
For the Parties Mr. Sanjay Kharde, Advocate, Mr. Samrat Shinde, Advocate, Mr. Sunil Kumar Verma, Advocate, Mr. Somiran Sharma, Advocate, Mr. Amol B. Karande, Advocate, Mr. Vijay Khmkar, Advocate, Mr. Rajsaheb Patil, Advocate, Mr. Gurmeet Singh Makker, Advocate, Mr. Nishant Ramakantrao Katneshwarkar, Advocate, Mr. Satyajit A. Desai, Advocate, Ms. Anagha S. Desai, Advocate, Mr. Sandeep Sudhakar Deshmukh, Advocate

JUDGMENT

Navin Sinha, J.

Delay condoned. Leave granted.

2. The appellants are aggrieved by the orders of the High Court holding that candidates possessing the requisite years of experience in research and development of drugs and testing of the same, are also eligible to be considered for appointment to the post of Assistant Commissioner (Drugs) and Drug Inspectors under separate advertisements dated 04.01.2012 and 31.03.2015.

3. Learned counsel for the appellants submitted that academic qualifications coupled with the requisite years of practical experience in the manufacturing and testing of drugs were essential qualifications for appointment. Research experience in a research and development laboratory was a desirable qualification which may have entitled such a person to a preference only. The latter experience could not be equated with and considered to be at par with the essential eligibility to be considered for appointment. The High Court erred in misreading the advertisement to redefine the desirable qualification as an essential qualification by itself.

4. Learned counsel for the respondents submitted that they were Post Graduates (M. Pharma) having more than three years exper




















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