VAIDYA BHAURAO S/O EKNATH BORKAR Vs. VAIDYA VIKAS S/O MAHADEVRAO GHUTKE; STATE OF MAHARASHTRA
LAWS(BOM)-2017-12-300
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on December 04,2017

Vaidya Bhaurao S/O Eknath Borkar Appellant
VERSUS
Vaidya Vikas S/O Mahadevrao Ghutke; State Of Maharashtra Respondents

JUDGEMENT

Sunil P. Deshmukh, J. - (1.) The petition assails the decision rendered by the Maharashtra Administrative Tribunal, Aurangabad Bench, dated 16-03-2011 in Original Application No. 475 of 2003. Original Application No. 475 of 2003 had been filed by present respondent no. 1 challenging the appointment of petitioner as Reader pursuant to the selection process employed by Respondent No. 3 - Maharashtra Public Service Commission, inter alia, laying down eligibility criterion of three years experience as a Lecturer.
(2.) It has been the case of present respondent no. 1 before the Tribunal that there is fallacy in consideration of petitioner possessing requisite experience since the petitioner had not been a post graduate in the concerned subject till 1997 and after 1997 till March, 2000, he falls short of requisite experience of three years. The Tribunal had considered that since petitioner is short of requisite experience of three years, he does not qualify to the post of Reader and, as such, had allowed Original Application no. 475 of 2003, holding the appointment of petitioner to be invalid and further directing respondent no. 1 to consider the case of petitioner for the post of Reader in Anatomy, if found fit.
(3.) During the course of hearing of writ petition, it transpired that while the petitioner had been demoted pursuant to the order of the Tribunal, he has now been promoted as Reader under regular course.;


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