RAMKRISHNA S/O NARAYAN GHUGE Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Ramkrishna S/O Narayan Ghuge
THE STATE OF MAHARASHTRA
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R.D. Dhanuka, J. -
(1.) By this petition filed under Article 226 of the Contitution of India, petitioner seeks Writ of Certiorari, interalia, for quashing and setting aside the impugned order dated 18th May 2002 passed by the Desk Officer, Rural Development and Water Conservation Department, Mantralaya, Mumbai, 400 032, rejecting the proposal submitted by the Chief Executive Officer, Zilla Parishad, Jalna, for granting exemption under Rule 10 of the Maharashtra Civil Services (Compulsory Marathi Shorthand and Marathi Typing Examinations for English Stenographers and English Typists) Rules, 1991, (for short "The said Rules") to the petitioner from passing the Marathi Shorthand Examination. The petitioner also seeks an order and direction against respondent No.2 i.e. the Secretary, Rural "Development and Water Conservation Department, Mantralaya, Mumbai, to consider the proposal submitted by the Zilla Parishad, vide letter dated 12th February 2002, and to grant exemption to the petitioner from passing Marathi Shorthand Examination under Rule 10 of the said Rules.
(2.) Some of the relevant facts for the purpose of deciding this petition are as under:
The date of birth of the petitioner is 7th June 1959. He completed the Trade Test in the Trade of Stenography English 40/ 80 words per minute on 19th July 1981.
(3.) It is the case of the petitioner that the Zilla Parishad, Jalna, had made a requisition with Employment Exchange for filling of various posts. The name of the petitioner was sponsored by the Employment Exchange to the Chief Executive Officer, Zilla Parishad, Jalna, for the post of Steno Typist. The petitioner was interviewed and was selected by respondent No.3 as a Steno Typist with an appointment order dated 23rd September 1982. The State of Maharashtra has framed Recruitment Rules i.e. "Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967", for the purpose of appointment of staff on the establishment of Zilla Parishad. Rule 5 of the said Rules of 1967 provides for method of appointment including the qualification and other requirements. Under the Appointment Rules, the prescribed qualification for the post of Steno Typist was Secondary School Certificate or any equivalent Examination and that candidate shall possess certificate of speed of less than 80 words per minute in English or Marathi Shorthand and less than 40 W.P.M. In English Typewriting and 30 W.P.M. in Marathi Typewriting.;
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