JAVED KHAN SALIM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, under Article 226 of the Constitution of India, the Petitioner seeks direction to the Respondent No.5 - Municipal Commissioner, Bhiwandi Nizampur City Municipal Corporation ("Corporation" for short) to count the seniority of the Petitioner from the date of the declaration of the result of "Common Entrance Test" ("CET") dtd. 1/6/2010 and pay the salary as per the scale applicable to the Petitioner after taking into consideration the seniority of the Petitioner.

(2.) The facts of the case in brief are that on 16/12/2009, the State of Maharashtra issued a Government Resolution ("GR") whereby the CET was prescribed for selection and appointment of "Shikshan Sevak" in Primary Schools in Maharashtra. The Petitioner applied and appeared for CET on 2/5/2010. The results of CET were declared on 1/6/2010. The Petitioner scored 102 marks which were less than cut off marks i.e. a score of 110.

(3.) Writ Petition No.1829 of 2011 was filed by another candidate raising grievance about the conduct of examination. This Court by the order dtd. 5/5/2011 directed the State to constitute an Authority for deciding the grievances of the candidates. The Government of Maharashtra passed two Resolutions dtd. 4/7/2011 and 22/7/2011 and formed "Takrar Nivaran Samiti" ("Grievance Committee", hereinafter).