(1.) By consent of parties, the aforesaid writ petitions were heard together and are being disposed of by a common order. The State Government and the Maharashtra Pollution Control Board have made common arguments in all the five matters including in some of the civil applications. The petitioners also have made common arguments insofar as the submissions of law as well as identical facts are concerned. Some of the employees who were impleaded to the various petitions who are likely to be affected by this order have also advanced separate arguments partly adopting the submissions made by the State Government as well as by the Maharashtra Pollution Control Board and partly by pointing out their individual facts which would be summarized in the later part of this judgment.
(2.) In Writ Petition No.3608 of 2010, the petitioner has prayed for a writ of mandamus or any other appropriate writ, order or direction in the nature of writ of mandamus and prays that the selection list including the waiting list as annexed with the writ petition at Ex.D for the post of Field Officer prepared by the respondent no.3 i.e. the Member Secretary, Maharashtra Pollution Control Board be quashed and set aside and seeks writ of mandamus by way of an order and direction against the State of Maharashtra, the Chairman, Maharashtra Pollution Control Board and the Member Secretary, Maharashtra Pollution Control Board to publish a fresh advertisement by giving fresh advertisement for filling up the post of Field Officer in the respondent no.3, Maharashtra Pollution Control Board (the Maharashtra Pollution Control Board is hereinafter referred to as 'MPCB' for the sake of convenience).
(3.) It is the case of the petitioner that he has completed his degree in engineering and is duly qualified for the post of Field Officer in the MPCB pursuant to the advertisement issued by the MPCB. The respondent no.1 is the State of Maharashtra. Respondent nos. 2 and 3 are the Officers of the MPCB who represents the MPCB. Respondent nos. 14 to 120 are the candidates who were selected by the MPCB for the post of Field Officer.
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