ANIL MOTILAL NIMBHORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition, petitioner challenges the judgment and order passed by Maharashtra Administrative Tribunal, Bench at Aurangabad on 5.11.2004 (Exh.Y). By the impugned judgment, learned Members of MAT were pleased to dismiss Original Application Nos. 937/2004; 946/2004 and 964/2004. Present petitioner was a petitioner in Original Application No. 937/2004. By seeking quashment of the impugned judgment, petitioner also seeks directions to respondent Nos. 1 to 4 to provide relaxation of upper age limit for inservice candidates, during the process of filling up the posts, which were likely to be advertised on 24.10.2007 (writ petition is filed on 20.10.2007) i.e. Maharashtra Engineering Services Examination, 2007 (refer schedule of examinations published by M.P.S.C. on 16.7.2007 - Exhibit X).

(2.) In fact, petitioner had filed Writ Petition No. 7356/2004 challenging this very judgment, by which prayer for relaxation of upper age limit for inservice candidates was turned down by relying upon the provisions of the Maharashtra Civil Services (Provision of Upper Age Limit for Recruitment by Nomination) Rules, 1986. During the pendency of said writ petition, a statement was made on behalf of respondents that the issue of relaxation of upper age limit was under consideration by the Government and, therefore, this Court was not inclined to entertain the matter. The said writ petition came to be disposed of accordingly by order dated 15.12.2004 (Exhibit Z).

(3.) Eventually, although learned Government Pleader has opposed the writ petition tooth and nail, contentions such as laches and res judicata were not raised in all fairness and, therefore, the events regarding previous writ petition have not remained of any significance.