SURESH Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) HEARD . Rule. Rule made returnable forthwith, with the consent of the parties.

(2.) THE Petitioner has filed the present petition, seeking directions against the Respondents to consider his case for promotion to the post of Traffic Controller from the open category, even though he belongs to the reserved class.

(3.) IN the year 2011, the Respondent Corporation advertised the promotional post of Traffic Controller vide notice published on 30.06.2011. The Petitioner appeared for the departmental examination to be selected for the said post from the open category, as per the permission given to him by the Respondent No. 2. The Petitioner was selected and his name was incorporated in the select list in order of merit at Sr. No. 57. It is the contention of the Petitioner that, while preparing the select list, against the name of the Petitioner he has been shown belonging to the reserved category. It is the further contention of the Petitioner that, the Petitioner has never claimed any benefit on the basis of his caste and always competed from the open category. It is the further contention of the Petitioner that, when the Respondent Corporation permitted him to produce the caste validity certificate, he made it clear that, he is not claiming any benefit of reservation and wants to be considered as a candidate from open category. He further made it clear that, since he is not claiming any reservation, he need not be asked or compelled to produce on record the caste validity certificate.