SHRIKISAN NARAYANRAO SOLANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the Petitioners and the learned AGP appearing for the Respondent-State.

(2.) These two Petitions challenge common judgment and order dated June 21, 2023 passed by the Maharashtra Administrative Tribunal (Tribunal) in Original Application Nos.327 of 2022 and 344 of 2022. The Original Applications were instituted by Petitioners seeking a declaration that they are eligible for participation in further selection process of Limited Departmental Competitive Examination 2017 (LDCE) for promotion/appointment to the post of Deputy Education Officer. By the impugned common judgment and order, the Tribunal has proceeded to dismiss the Original Applications.

(3.) Briefly stated, facts of the case are that - Petitioners are working on the post of Assistant Teacher in various Primary Schools run and managed by Zilla Parishads. The School Education and Sports Department of the Government of Maharashtra notified the Deputy Education Officer in the Maharashtra Education Service, Group-B (Administrative Branch) (Gazetted) (Recruitment) Rules, 2016 (Recruitment Rules 2016) vide Notification dated July 5, 2016. Under the Recruitment Rules, the post of Deputy Education Officer is to be filled by promotion, LDCE or nomination. The method of LDCE is further bifurcating into two streams viz. persons holding designated posts in Maharashtra Education Services (MES) and persons holding designated posts in District Technical Services (DTS).