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2008 Supreme(Bom) 5

N.V.DABHOLKAR, P.V.KAKADE
ANIL MOTILAL NIMBHORE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For petitioner: Ajay S. Deshpande with Mrs. M.A. Deshpande
For respondent Nos. 1 to 4: N. B. Khandare, Government Pleader
Respondent No.5 served and absent.

JUDGMENT

N.V. DABHOLKAR, J. :- By this writ petition, petitioner challenges the judgment and order passed by Maharashtra Administrative Tribunal, Bench at Aurangabad on 5-11-2004 (Exh.Y). By the impugned judgment, learned Members of MAT were pleased to dismiss Original Application Nos. 937/2004;

946/2004 and 964/2004. Present petitioner was a petitioner in Original Application No. 937/2004. By seeking quashment of the impugned judgment, petitioner also seeks directions to respondent Nos. 1 to 4 to provide relaxation of upper age limit for in-service candidates, during the process of filling up the posts, which were likely to be advertised on 24-10-2007 (writ petition is filed on -20-10-2007) i.e. Maharashtra Engineering Services Examination 2007 (refer schedule of examinations published by MPSC on 16-7-2007 - Exhibit X).

In fact, petitioner had filed Writ Petition No. 7356/2004 challenging this very judgment, by which prayer for relaxation of upper age limit for in-service candidates was turned down by relying upon the provisions of the Maharashtra Civil Services (Provision of Upper Age Limit for Recruitment by Nomination) Rules, 1986. During the pendency of said writ petition, a sta







































































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