BABURAO KESHAV TAYADE Vs. DISTRICT SELECTION COMMITTEE

JUDGEMENT

(1.) HEARD Shri Mr. N.B. Rathod, learned Counsel for the Petitioner, Shri N.S. Khubalkar, learned A.G.P. for Respondent Nos.1 and 4, Shri Kiran Malokar, learned Counsel for Respondent No.2 and Shri C.A.Joshi, learned Counsel for Respondent No.3. By their consent, Writ Petition is taken up for final disposal. Rule is therefore, issued and the same is made returnable forthwith.

(2.) PETITIONER who was within prescribed age limit, participated in response to the advertisement dated 14.05.2013, for selection to the post of Health Assistant (Male). Shri Rathod, learned counsel appearing for the petitioner submits that respondent no.3 furnished incorrect marks while disclosing his scores and performance in S.S.C., H.S.C. and Graduate examination. Not only this, he also did not submit necessary declaration of small family. He has taken us through the relevant terms and conditions to show that false disclosure results in cancellation of candidature for appointment. He submits that though petitioner has made a complaint, its cognizance has not been taken.

(3.) SHRI Malokar, learned counsel appearing on behalf of respondent no.2 is relying upon the reply affidavit. He states that in selection process, respondent no.3 has secured more marks than petitioner. He also gave an affidavit that inadvertently he disclosed incorrect marks while submitting application. It is further pointed out that because of confusion, certificate of small family was not given by him, but, later on with proper application he submitted the appropriate certificate. He therefore, submits that this Court should not, at this stage intervene in the matter.