SHASHIKANT PANDURANG KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr.Mali, learned AGP for the respondent nos.1 to 3 waives service. Mr.Pawar, learned counsel for the respondent nos.4 and 5 waives service. Mr.Bhavake, learned counsel for the respondent no.6 waives service. By consent of parties, petition is heard finally. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari inter alia praying for quashing and setting aside the impugned order dated 22nd November 2018 passed by the respondent no.2 thereby granting approval to the appointment of the respondent no.6 as Lecturer in Chemistry in the respondent no.5 College. The petitioner seeks direction against the respondent nos.2 to 5 to appoint the petitioner in the said post of Lecturer in the respondent no.5-Institution.

(3.) The petitioner has passed Msc. (Analytical Chemistry) B.Ed. On 23rd February 2018, the respondent nos.4 and 5 issued an advertisement in the daily local newspaper for the appointment on the post of Lecturer in Chemistry. The petitioner applied for the said post of Lecture. On 4th May 2018, Selection Committee prepared a report dated 4th June 2018 wherein the respondent no.6 was given first preference and the petitioner was given second preference. On 12thJune 2018, the respondent no.5 submitted proposal dated 12th June 2018 to grant approval to the appointment of the respondent no.6. On 9th October 2018, the respondent no.2 by its letter dated 9th October 2018 informed the respondent no.1 that as per the Principal, Head of Department, Lecturer and Workshop Superintendent in Government Polytechnics and Equivalent Institutes (Recruitment) Rules, 2012 (for short "the said Recruitment Rules "), age limit for the post of lecturer is 35 years and they will not be in a position to grant approval to the proposal for appointment of the respondent no.6 since he was 38 years old.