RAJESH S/O SHRIRAMBAPU FATE Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY, MINISTRY OF HOME, TRANSPORT DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Looking to the fact that this is a second petition and the urgency shown by parties, the matter has been heard finally with consent by issuing Rule, and making the same returnable forthwith. This Court has on 12.06.2018, taken note of the contention of petitioner that respondents cannot relax minimum qualification prescribed by Central Government for appointment to the post of Assistant Inspector of Motor Vehicle and directed respondents to maintain statusquo. The recruitment process therefore, is held up.

(2.) Relevant legal provisions to be looked into are Section 213 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the 1988 Act" for short), and the Assistant Inspector of Motor Vehicles, Group 'C' in Motor Vehicle Department (Recruitment), Rules, 2016 (hereinafter referred to as "the 2016 Rules" for short). Question is - Whether by 2016 Rules, the State Government has diluted minimum qualifications prescribed by Central Government as per Section 213[4] of the 1988 Act ?

(3.) It is not in dispute that the petitioner had earlier filed Writ Petition No. 7239/2017, before this Court and after hearing the counsel for the petitioner and learned Government Pleader, in view of the fact that no advertisement for recruitment was then published, Court gave petitioner leave to file appropriate representation, and directed respondents to decide it in next two months. One of us (B.P. Dharmadhikari, J) is party to that order.