RAJU DHONDIRAM AKRUPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of Counsel for the parties.

(2.) By this Petition, Petitioner is seeking to quash and set aside interim order dtd. 10/5/2023 passed by the Maharashtra Administrative Tribunal (MAT) in Original Application No.345 of 2023 rejecting Petitioner's interim application in the said Original Application for age relaxation to participate in the selection process by nomination to a higher post by appearing in the examination which is going to be held on 4/6/2023.

(3.) Petitioner is working as a Food Safety Officer and his age today, statedly, is 39 years and in order to appear for the Combined Civil Services Preliminary Examination 2023 conducted by Respondent no.4 - Maharashtra Public Service Commission (MPSC) to be held on 4/6/2023, he is seeking age relaxation on the basis of Bombay Civil Services, Classification and Recruitment Rules, 1939 (the "1939 Rules"). Petitioner has also placed reliance on the Government Circular dtd. 1/11/2003 and the decision of this Court in the case of Anil Motilal Nimbhure vs. State of Maharashtra and Others,[Writ Petition No.6179 of 2007, decided on 7/1/2008]. to submit that the said 1939 Rules though framed prior to independence and before framing of the Constitution of India and despite the provision of Article 395 of the Constitution, are holding the field.