SAHABRAO GYANUJI WAGHMARRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner challenges the termination order dated 18th May, 1983, passed by the Government. The petitioner was appointed as Probationary District Inspector of Land Records on probation following certain rules of examination, which were prescribed by the Maharashtra Public Service Commission in the year 1978. Under these rules, grant of 10 per cent, of marks was added to certain candidates, who had passed their relevant examinations from the areas prescribed.

(2.) It appears that this rule came to be challenged in the High Court and also in the Supreme Court. The Supreme Court has held that the rule providing grant of 10 per cent, of marks is invalid and, therefore, the competitive examinations held following that rule cannot be said to be valid. The grant of aforesaid 10 per cent, additional marks on the basis of the said rule cannot be a basis for appointment of persons, who were working as Probationary District Inspectors of Land Records.

(3.) Reciting this judgment in the termination notice, the Government has terminated the services of the present petitioner stating that he was not selected for the appointment of Probationary District Inspector of Land Records according to the revised recommendations of the Maharashtra Public Service Commission. It appears that after the said rule was struck down by the Supreme Court, the Maharashtra Public Service Commission prepared a revised list of recommended candidates in which the name of the present petitioner must have been dropped. The petitioner has filed this writ petition in this Court challenging the said order and a further notification of the Government dated 13th September, 1982. Clause 7 of the said Notification, which is relevant for our purpose, is as follows: