HEMANT JANARDAN DIXIT Vs. SECRETARY VYAYAM MANDAL

JUDGEMENT

(1.) There are two claimants for one post. The post is that of a junior clerk in the aided Sec. of the 2nd Respondent junior college. The Petitioner in Writ Petition No.1426 of 2022, Hemant Janardan Dixit, represented by Mr Arjunwadkar, is admittedly employed as a peon in the aided Sec. of the 2nd Respondent. His case is that there is a post of junior clerk that is available in that aided Sec. . Dixit states that having served for 21 years, he has the necessary qualifications and experience to fill up the post by promotion. This is being denied to him.

(2.) The Management maintains that it cannot promote Dixit to the post of junior clerk but that he is free to submit an application once the college issues an advertisement for the post of junior clerk. That application will be considered on merits. The Management insists that there are several restrictions and that an open advertisement is the only possibility. It agrees that if it advertises, then both Dixit and Salunkhe may submit their applications and after following the usual Government-mandated procedure, an appropriate candidate may be selected. The learned Advocate for the Management is careful to point that the Management does not assure the appointment of either Salunkhe or Dixit and may find another suitable candidate as a junior clerk if there is an advertisement calling for applications.

(3.) Prasad Rajaram Salunkhe is the Petitioner in Writ Petition No. 9712 of 2022. He is presently said to be a junior clerk in the unaided Sec. of 2nd Respondent-College. He has sought a lateral transfer to the aided Sec. .