ARUN MORESHWAR PATANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have heard this petition for a considerable length of time. We have heard Shri Singh learned counsel for the petitioner and Shri Apte Learned Additional Advocate General of the State of Maharashtra for respondent nos.1 and 3.

(2.) BY this petition the petitioner is seeking quashing and setting aside the selection and appointment of 5th respondent Shri Dravid and 6th respondent Shri Sakhalkar as Administrative Members of the Maharashtra Administrative Tribunal at Aurangabad and Nagpur Benches respectively. There are several other reliefs claimed in the petition. The only other relief which is relevant, is further direction to consider the petitioner for appointment as Administrative Member for the aforesaid posts.

(3.) IT appears that by a communication dated 16.4 1996 the Government of India informed all the State Governments including the State of Maharashtra that while making selection for appointment of the Administrative Members of the Maharashtra Administrative Tribunals, only such persons may be considered who are not more than 57 years old at the time of applying for the post. On 17.8.1996 the petitioner submitted a representation to the Government of Maharashtra contending that these administrative instructions are violative of Articles 14 and 16 of the Constitution of India and should be rescinded. It was also prayed that petitioner's name may be considered by the selection committee in the next meeting for selection to the post of Administrative Member of the Maharashtra Administrative Tribunal at its Bench at Aurangabad as also at Nagpur. Identical representation was also made to the Government of India by a communication dated 2.9.1996. However, the name of the petitioner was not placed before the selection committee for the aforesaid selection of Administrative Member on the Aurangabad and Nagpur Benches of the Maharashtra Administrative Tribunal only because the petitioner by August or September 1996 was over 57 years of age and ultimately in the said meeting one Shri V.R.Dravid respondent no.5 and one Shri V.S.Sakhalkar respondent no.6 were selected as Administrative members of the Maharashtra Administrative Tribunal at Aurangabad and Nagpur benches respectively. It is an admitted position that selection of Shri Dravid and Shri Sakhalkar has been duly approved by the Central Government as also by the Chief Justice of India and in fact orders of their appointment as such members have been issued by the President of India on 31.1.1997.