ORAL JUDGMENT:---By consent, taken up for final hearing.

2.Is this a case of a biological miracle where respondent Nos. 4 to 38, all adult employees promoted as Sub-Inspectors of Excise, have grown in physical height in some cases in as much as 8 centimeters after their employment? Or is this a plain case of a fraud committed by them with the aid of Medical Officers for the purpose of getting promotion without possessing necessary physical qualifications required for the post? -is what the Government wants to enquire into. Is it prevented from doing so by reason of several orders of the Maharashtra Administrative Tribunal (for short M.A.T.) is the question which arises for the consideration in this petition under Articles 226 227 of the Constitution of India.

3.The facts giving rise to the petition may be briefly stated thus :--

The petitioners as well as respondent Nos. 4 to 38 were employed either as clerks or constables, in the State Excise Department of State of Maharashtra. 50% of the posts of sub-inspectors in State Excise are filled in by promotion of clerks and Constables. The State of Maharashtra has published Recruitment Rules for the posts of Sub-inspectors of State Exci

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