P R SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of present petition, the petitioners have prayed for a declaration, that the promotions given to respondent Nos. 5 to 12 are illegal, ultra vires the Constitution and they should be reverted back to their respective posts. The petitioners have further sought a declaration, that the guidelines dated 6th August 1990, issued by the Additional Registrar, High Court, Bombay, are illegal. A further relief is sought, that amendment to Paragraph 625 of the Civil Manual, 1986, is illegal and, therefore, liable to be set aside. "

(2.) The petitioners are working as Junior / Senior Clerk in the Judicial District of Jalgaon. The petitioners have passed Higher Standard Departmental Examination (For short, "HSDE"). According to the petitioners, the respondent Nos. 5 to 12 have been promoted as per amendment to paragraph 625 of the Civil Manual. It is the case of the petitioners, that though these respondents have not passed HSDE, they have been promoted to the post of Assistant Superintendent. It is the case of the petitioners, that all these respondents, only on the basis of their seniority, have been given promotion totally overlooking the merit. It is the contention of the petitioners, that only the petitioners who have passed the HSDE, are eligible to be considered for promotion and, as such, interest of justice requires that the promotion granted in favour of the respondents be quashed and set aside and the petitioners be directed to be promoted.

(3.) Mr. S.R. Barlinge, learned Counsel appearing for the petitioners, submits that the amendment to paragraph 625 of the Civil Manual, which gave an exemption to the members of the staff of the subordinate courts to appear and pass HSDE, if they have completed 45 years, has been deleted by an amendment in 2000. He, therefore, submits that the amendment, which was in vogue, and gave total go by to the merit and the persons, who have completed 45 years of age, were given advantageous position, though they had failed to appear and pass the HSDE, and the persons who have passed HSDE were denied their legitimate claim, is liable to be set aside.