The concept of power sector includes all sorts of power generating and transmitting plants, including captive power plants, and the expertise of the Selection Committee in determining the requisite experience in the power sector.

S.V. Gangapurwala, J.

1. Heard. The unsuccessful candidate in the selection process conducted by respondent Nos. 2 to 4 for the post of Chief Engineer is before the Court.

2. Mr. Patil, learned counsel for the petitioner strenuously contends that the necessary experience and qualification for the post of Chief Engineer which is to be filled in by direct recruitment is laid down in the advertisement itself. As per the advertisement the candidate shall possess 15 years experience in power sector, out of which at least five years in the area of power generation in selection post like Executive Engineer and above out of which one year in the position of Superintending Engineer and above or three years in the position of Superintending Engineer and above.

3. The respondent No. 5 who is selected in the said selection process pursuant to the advertisement does not possess 15 years experience in power sector. The learned counsel submits that respondent No. 5 was appointed with respondent Nos. 2 to 4 in the year 2003. 15 years experience as laid down was required to be possessed by the candidate as on 20-5-2013. It can only be stated that respondent No. 5 is having experience with power sector only after 2003, as such he does not fulfill 15 years experience in power sector. The service rendered with the public limited Companies, such as L and T (now known as Ultratech Cement) and Ballarpur Industries cannot be said to be an experience in power sector. These industries deal in production of cement and paper. There is no concern of these two companies in power generation, transmission and distribution for commercial use in power sector. Even brochure of these two Companies obtained from Wikipedia through internet and Collector Office would show that their aim and object is production of cement and paper.

4. The learned counsel further submits that electric power sector would mean an energy consuming sector that consist of electricity only and combined heat and power plants whose primary business is to sell electricity and heat to the public. Combined heat and power plants that identify themselves as primarily in the commercial or industrial sectors are reported in these sectors. The learned counsel further submits that even in the list of Industries engaged in power sector which is published the name of these two Companies i.e. L and T now Ultratech Cement and Ballarpur Industries do not appear. The learned counsel submits that the contention of the respondents that the experience rendered by respondent No. 5 with these two Industries can be considered to be an experience in power sector is absolutely erroneous. These two industries are having their plants only for captive power which cannot be said to be a power sector. If the candidate does not possess the necessary qualification then he cannot be selected. The illegality cannot be allowed to be continued. The learned counsel relies on the judgment of the Apex Court in a case of Md. Ashif and others vs. State of Bihar and others, reported in 2010 (5) SCC 475. According to learned counsel, even applying the amplified essential qualification, the respondent No. 5 did not possess the same. The Selection Committee did not have power to relax essential qualification pertaining to experience and in such a case this Court shall interfere. The learned counsel relies on judgment of Apex Court in a case of P.K. Ramachandra Iyer vs. Union of India, reported in 1984 (2) SCC 141. The learned counsel further submits that this Court has jurisdiction to entertain the present Writ Petition as the advertisement was issued in the newspapers of this region. Even the communication was made by the petitioner with the respondents and vice-versa within the territorial jurisdiction of this Court and the appointments could be made anywhere in the State of Maharashtra.

5. The learned counsel for respond