MOHD. IQBAL SHEIKH AMIR Vs. DISTRICT SELECTION COMMITTEE

JUDGEMENT

(1.) Looking to the nature of controversy involved in the matter, we have heard the matter by consent of Shri S.Z. Sonbhadre, learned Counsel for Petitioner, Mrs. K.S. Joshi, Asstt. Govt. Pleader for Respondent No.1, Mrs. I.L. Bodade, learned Counsel for Respondent no.2, Mr. D.M. Kale, learned Counsel for Respondent Nos. 3 and 4 and Mr. J.J. Chandurkar, learned Counsel for Respondent No.5. Rule is thus issued in the matter making the same returnable forthwith.

(2.) The impugned order dated 11.04.2012 is passed by respondent no.2, rejecting objection of petitioner and holding that respondent no.5, who has secured 421 marks out of 800 in B.Ed. written examination, is above petitioner, who has secured 364 marks out of 700. This order is passed because of earlier directions issued by this Court in its order dated 27.02.2012, while disposing of Writ Petition No. 234/2010.

(3.) Issuance of advertisement on 15.08.2009 for selecting Shikshan Sevak by respondent nos. 1 and 2 is, not in dispute. The advertisement expressly stipulates that selection shall be on the basis of marks secured in written examination at B.Ed. Respondent no.5 has been selected accordingly and he was to join employment with respondent no.3 in respondent no.4 School, however, because of the stay granted by this Court, he could not join.