SANJAY KRISHNANATH PHATTE Vs. STATE OF GOA

JUDGEMENT

(1.) Leave granted.

(2.) On one post of Senior Auditor, appointment was to be made from the category of Ex-servicemen for which the appellant as also Respondent 5 had applied. In the selection, which was subsequently held, Respondent 5 was selected and given an appointment which was challenged by the appellant before the Bombay High Court by a writ petition. One of the contentions raised by the appellant was that Respondent 5 was not an Ex-serviceman within the definition of "ex-serviceman", as contained in "the Ex-servicemen (Re-ernployment in Central Civil Services and Posts) Rules, 1979" as amended from time to time. The High Court did not enter into this question and dismissed the writ petition merely on the ground that the appellant was called for the interview but did not qualify as against respondent 5. That alone, in our opinion, was not sufficient for the dismissal of the writ petition, as Respondent 5 had competed with the appellant in the category of Ex-serviceman and since the status of Respondent 5 as an Ex- serviceman was disputed by the appellant, it was the duty of the High Court to have entered into that question and recorded a finding whether Respondent 5 was an Ex-serviceman or not.

(3.) Before us the Service Rules notified on 15-12-1979 as also the amendments introduced in those rules by notifications dated 27-10-1986 and 27-3-1987 have been placed. An affidavit has also been filed on behalf of respondent 4, the Rajya Sainik Board, in which it has been stated that respondent 5 was registered by inadvertence as an Ex-serviceman.