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2007 Supreme(Bom) 1546

S.B.MHASE, D.G.KARNIK
Sanjay Baliram Dhamal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Mr.G.K. Masand, Senior Advocate with Mr.S.R. Atre i/b
Ms.Leena Patil for the petitioners in Writ Petition
Mr.G.S. Godbole with Mr.S.M. Sahastrabudhe, Mr.S.S.Kanetkar, Mr.Nitin Mulye and Mr.Satyajeet Mirajkar for the petitioners.
Mr.A.A. Kumbhakoni, Associate Advocate General with Mr.S.R. Nargolkar, A.G.P. for the respondent no.1 State.
Mr.P.M. Pradhan for respondent no.2.

JUDGMENT :

(Per D.G. Karnik, J.)

1. Rule, returnable forthwith. By consent, called for hearing.

2. By these writ petitions, the petitioners challenge the common judgment and order dated 5th May 2006 passed by the Maharashtra Administrative Tribunal (for short "the MAT") in Original Application No.1061 of 2004 along with other applications. Before the MAT, the petitioners had sought a declaration that the computation of vacancies by the respondent no.1 of 300 posts for Police Sub-Inspectors (for short "the PSI") to be filled by Limited Departmental Examination - 1992 was illegal and wrong and further declaration that there existed additional vacancies to the extent of 1571 posts. They further sought a direction to the respondent no.1 fill up the said vacancies to the extent of 1571 posts of PSI by appointing the petitioners and others who were not recommended for appointment to the posts of PSI by limited departmental examination by the respondent no.2 - the Maharashtra Public Service Commission (for short "the M.P.S.C."). Before us, an oral prayer was made that a mandamus or a direction in the nature of mandamus be issued to the respondent no.1 State to appoint the petitioners as PS



















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