ANIL DATTATRAYA KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Respondents waive service. By consent of parties Petition is taken up for final hearing. Heard the learned counsel appearing on behalf of the petitioner and the learned Government Pleader appearing on behalf of the State.

(2.) By this petition which is filed under Article 226 of the Constitution of India, the petitioner is challenging the validity of Rule 2(3)(Seven) of the Maharashtra Civil Services (Medical Attendance) Rules, 1961 and the GR./Circular dated 11/11/2011 being (Vernacular matter omitted.) as ultra virus to the said Rules and the provisions of the Constitution of India, 1950. The petitioner is further seeking an appropriate writ, order and direction for quashing and setting aside the decision/letter dated 30/1/2011 passed by respondent No. 2 and also for setting aside the order and decision dated 27/2/2012 taken by the respondents and communicated to the petitioner by the District and Sessions Judge, Ahmednagar at Ahmednagar. He is further seeking an appropriate writ, order and direction directing respondent Nos. 1 and 2 to disburse the amount which has been spent by him towards the medical treatment of his mother.

(3.) Brief facts which are relevant for the purpose of deciding this petition are as under:--