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2023 Supreme(Bom) 735

ROHIT B. DEO, VRUSHALI V. JOSHI
Avinash s/o Shankar Bavne – Appellant
Versus
Government of Maharashtra, through its Chief Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.M. Bahirwar
For the Respondent: Mr. S.M. Ukey, Addl.G.P., Mr. B.W. Patil

JUDGMENT :

Rohit B. Deo, J.

Heard. Rule. Rule made returnable forthwith with consent of the parties.

2. The petitioner is assailing the judgment dated 17-7-2018 rendered by the Maharashtra Administrative Tribunal (MAT) in Original Application 839/2017 whereby the MAT allowed the Original Application in terms of prayer clauses 8(i) and (ii) and quashed the appointment of the petitioner as Police Patil of Village Gondeda.

3. In the interest of clarity, we extract prayer clauses 8(i) and (ii) of the Original Application preferred by Mr. Vishnudas Mangare - respondent 3 herein.

    “(i) Pass an appropriate order thereby declared that acceptance of an application of respondent No.3 for post of Police Patil, which was filed without submit and annexed character certificate was illegal.

(ii) Pass an appropriate order thereby declaring that an application submitted by respondent No.3 was not eligible and was accepted by breach of mandatory conditions as well as respondent No.2 did not follow principle of equality and has wrongly accepted the same.”

4. The petitioner and Mr. Vishnudas Mangare were desirous of holding the post of Police Patil and responded to the recruitment advertisement, along with o

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