Point of Law : when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. We have heard Ms. Manjiri Parasnis, learned counsel for the Petitioner and Ms. Rupali Adhate, learned counsel for the Respondents.

2. Petitioner by present Writ Petition filed under Article 226 of the Constitution of India is challenging legality and validity of order dated 18th March, 2021 passed by Respondent No. 3-Assistant Commissioner (Market Department), Municipal Corporation for Greater Mumbai and communication dated 18th March, 2021 of Respondent No.4-Administrative Officer (Market Department), Municipal Corporation for Greater Mumbai.

3. Petitioner was appointed in the post of Labour by Respondent No.1-Municipal Corporation for Greater Mumbai (hereinafter referred to as “M.C.G.M.”) on 29th September, 2017. By impugned order/communication dated 18th March, 2021 M.C.G.M. terminated services of Petitioner.

4. Before considering the rival submissions it will be useful to narrate the factual position though it is to be noted that broadly there is no dispute about the factual position.

(i) Petitioner suffers 100% disability due to hearing impairment since birth. The relevant portion of disability certificate dated 10th February, 2016 of Petitioner is set out here-in-below for ready reference:-

Disability	Affected part of Body	Diagnosis	Disability (in %)
Hearing Impairment	Both Ears	RIGHT EAR-PROFOUND SENSORINEURAL HEARING LOSS LEFT EAR-SEVERE SENSORINEURAL HEARING LOSS	100%

(ii) Petitioner appeared for Secondary School Certificate (S.S.C.) Examination conducted in March-2015 and passed the same with 81.20% marks.

(iii) Petitioner appeared for Higher Secondary Certificate (H.S.C.) Examination conducted in February-2017 and obtained 40.92% marks. In said examination one of the subjects was Marathi for 100 marks and Petitioner obtained 43 marks out of 100 marks in said subject.

(iv) In the meanwhile on 17th October, 2016, Respondent No.1 issued advertisement titled as “Special Recruitment Campaign for disabled candidates-Walk-In-Selection” (hereinafter referred to as “said advertisement”). The said advertisement was only concerning appointment of specially abled candidates and was for total 570 posts, out of which 540 posts for appointment of Labour/Ward Boy/Porter etc. Out of said 540 posts 228 were for persons affected by blindness and low vision, 168 posts for persons affected by loco-motor disability or cerebral palsy and 144 for persons suffering from deafness and hard of hearing.

(v) Following are terms and conditions of said advertisement on which either of the parties have relied upon :-

(a) passing of 10th standard (S.S.C.) or equivalent examination by obtaining minimum 40% marks with Marathi subject of 100 marks.

(b) candidate should be able to read, write and speak in Marathi language.

(c) Clause No. 5 provides that if it is noticed at any point of time that any candidate is not fulfilling the prescribed eligibility and terms and conditions then his candidature can be cancelled at any point and that if such candidate has been appointed then also such candidate can be removed at any time and no communication in that behalf would be entertained.

(d) Clause No.15 provides that if it is found that a candidate has submitted false information/certificate/documents or suppressed any information then his candidature can be cancelled at any point of time and if such candidate has been appointed then without giving any prior notice to him his appointment can be cancelled.

(vi) Following terms and conditions of the said advertisement are also relevant:-

(a) The selection list will be prepared on the basis of marks obtained by the candidates in the 10th Standard examination.

(b) Candidates suffering from minimum 40% disability are entitled to apply.

(c) Candidate should have necessary knowledge of Marathi, Hindi languages as pe