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2023 Supreme(Bom) 162

S. V. GANGAPURWALA, SANDEEP V. MARNE
Rahul Annasaheb Shende S/o Annasaheb Laxman Shende – Appellant
Versus
Tata Institute of Social Sciences through Director – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rahul Walia, Asmita Pendharkar.
For the Respondents: Rakesh Singh, Heena Shaikh, M.V. Kini.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing.

2. Petitioner is aggrieved by the result of the selection process in which no candidate is found suitable for the post of Assistant Engineer in Tata Institute of Social Sciences. Petitioner claims that interview has erroneously been conducted against the provisions of the Rules in place of a Skill Test and even though he has secured substantially higher marks in the Written Test, he is declared ‘not selected’ on the ground of award of lesser marks in the interview. This has led to non-filling up of the advertised posts of Assistant Engineer. Petitioner therefore prays for appointment on the post of Assistant Engineer.

3. Brief facts of the case are that, Petitioner is a Civil Engineer having educational qualification of B.Tech. After putting in experience in private organization during the years 2011 to 2018, he participated in the selection process initiated by Tata Institute of Social Sciences (TISS) for appointment as Assistant Enginee

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