DESALE KIRAN SURESHRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners were selected by Respondent No.2Pune Municipal Corporation (PMC), as per the selection process and the procedure so declared in the year 2012. Respondent No.1State of Maharashtra by order dated 20 September 2012, however, quashed and set aside the whole selection process by accepting the case of complainant/Respondent No.3 who was also named in the list dated 19 October 2011 of selected candidates for the appointment of Junior Engineer (Civil) along with the Petitioners and 1394 others. On 24 June 2012 written tests were held. About 121 candidates were passed. On 30 July 2012 those passed candidates were interviewed by PMC. The list of final selected candidates dated 3 August 2013, which includes the name of Petitioners and Respondent No.3 was declared.

(2.) Some complaints were lodged. On 31 July 2012, the Vigilance Department of PMC submitted a report about the answer sheet in respect of one Ketan Ramchandra Jadhav. On 2 August 2012, the Deputy Commissioner submitted a report to the office of Respondent No.2 stating that the inquiry report of Vigilance Department concluded that there were no irregularities in the answersheet of Shri Jadhav. The candidates were sent for a police verification by letter dated 04.08.2012 and 07.08.2012. PMC by reply dated 5 September 2012, on affidavit, placed on record as to how the process so followed was within the frame of declared selection process.

(3.) On 27 August 2012, Respondent No.3Sashibhushan Maruti Hole, filed Writ Petition bearing No.8160 of 2012 and challenged the process of selection. This Court granted order of statusquo with regard to appointments. The Petitioners filed Civil Application No.615 of 2013 in Writ Petition No.8160/2012 to implead themselves as Respondents. This Court on 10 April 2013 directed PMC to keep one post vacant and to fill up remaining posts with the candidates who were selected in the selection process and also directed to decide the representation.