IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V. Ghuge, Ashwin D. Bhobe, JJ
Makarand Vijay Pujari – Appellant
Versus
The State Of Maharashtra – Respondent
JUDGMENT
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner has put forth Prayer Clauses (B) and (C), as under :-
B. Issue a writ of certiorari or writ in the like nature and quash and set aside the impugned decision/communication/order dated 11.10.2024 passed by Deputy Commissioner (Headquater), Panvel Municipal Corporation.
C. Issue a writ of mandamus or writ in the like nature directing the respondents to grant appointment order on the post of Women and Child Welfare Officer, Group in the establishment of Panvel Municipal Corporation in view of the advertisement bearing No. PMC/ Establishment/2923/Pra. Ka. 13/662/23 dated 12.07.2023 published by Panvel Municipal Corporation through its Commissioner.
3. On 14th February, 2025, when the submissions of the learned Advocates for the respective sides had concluded, we had passed the following order :-
“1. We have extensively heard the submissions of the learned Senior Advocate Mr. Vinayak Hon, with Mr. Suraj Gadkari and Vignesh Ashokan, for the Petitioner and the learned Advocate Mr. Gavand, on behalf of the Corporation. The oral submissions have been concluded.
2.


Dolly Chhanda V/s. Chairman, Jee and Others
Maharashtra Public Service commission V/s. Sandeep Shriram Warade
Candidates must possess eligibility qualifications by the application deadline, and false statements in applications lead to disqualification.
The main legal point established in the judgment is the obligation of the authority to consider the qualifications of candidates as per the advertisement requirements and the limitations on justifyin....
The validity of an order must be judged by the reasons mentioned and cannot be supplemented by fresh reasons.
The employer has the right to prescribe qualifications suitable for the post, and the court cannot go into the issue of correctness of qualifications prescribed.
The State, as an employer, is entitled to prescribe qualifications as a condition of eligibility, and judicial review cannot expand upon the ambit of the prescribed qualifications or decide equivalen....
Eligibility for appointment as Law Officer does not require a law degree obtained through regular attendance; previous court decisions on the matter are binding.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
: A person, seeking to be appointed as Workshop Assistant must essentially possess qualification prescribed.
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.