SACHIN VISHWAS KAMBLE Vs. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION LIMITED HAVING ITS HEAD OFFICE AT MUMBAI CENTRAL DEPOT MUMBAI CENTRAL, MUMBAI

JUDGEMENT

(1.) Rule. Respondents waive service. By consent, Rule is made returnable forthwith and the petition is taken up for hearing and final disposal. The petitioner has approached this Court with a grievance that in a selection process conducted by respondent No.2 for filling up the post on the establishment of respondent no.1, the name of the petitioner was placed in the merit list prepared for the post of Assistant Painter, but no appointment order was issued in his favour and on the other hand respondent no. 3 and 4 came to be appointed to the post of Assistant Painter in the category to which the petitioner belonged namely the Scheduled Caste Category.

(2.) The undisputed facts giving rise to the petition can be simply stated as below:

(3.) In the writ petition, the petitioner makes representation that there is serious lacuna in the selection process conducted by respondent No. 1 and 2. He contends that when he was already selected and passed the examination and stood first in the list of Scheduled Caste, respondent No. 1 and 2 ought not to have selected respondent No. 3 and 4 and there is no justification coming from respondent No. 1 and 2 as to why the petitioner has been deprived of his right of selection inspite of his better performance in the written examination as against respondent No. 3 and 4 in the Scheduled Caste category. The petitioner has therefore prayed for quashing and setting aside the appointment order of respondent No. 3 and 4 and has prayed for direction to respondent no. 1 and 2 to consider the claim of the petitioner on merit and appoint him on the post of Asstt. Painter.