Jagannath s/o Sudam Thorat v. State of Maharashtra
2017-01-16
B.P.DHARMADHIKARI, SWAPNA JOSHI
body2017
DigiLaw.ai
JUDGMENT : Heard Shri S.P. Bhandarkar, learned Counsel for the petitioners and Shri B.M. Lonare, learned A.G.P. for respondents. With consent of the learned counsel appearing for the parties, Writ Petition is taken up for final disposal by issuing Rule, making the same returnable forthwith. 2. By the impugned communication dated 17.09.2016, name of petitioners from select list is sought to be dropped on the ground that they do not possess requisite qualification. 3. After hearing the respective counsel and after perusal of the documents, we find that the provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships State Services (Absorption Recruitment and Condition of Service) Rules, 2006 govern the recruitment to the post of Sub officers in employment of respondent no.2 by respondent no.3. 4. As per the qualifications prescribed, an applicant has to pass Sub Officers Course from National Fire Service College, Nagpur. Petitioners have passed the course conducted by Maharashtra Fire Service Academy. 5. On 26.04.2016, State Government has taken out a circular and pointed out that as per Fire Act, 2006, Section 30 thereof responsibility to impart necessary training is of Maharashtra Fire Service Academy, and it has trained more than 83 Sub officers and other officers. Hence, by this circular, various local authorities have been asked to stipulate the qualification imparted the Maharashtra Fire Service Academy also along with the course from National Fire Service College, Nagpur. 6. Inspite of this circular, it appears that the respondent nos. 1 and 2 did not include name of Maharashtra Fire Service Academy and its course, and did not mention that person acquiring the same would be eligible to compete. 7. It is not in dispute that some other Municipal Councils and establishments have added that course and persons like petitioners who have acquired sub-officers course from Maharashtra Fire Service Academy have been held eligible and duly approved. 8. Here, this Court has on 01.10.2016 while issuing notice in the matter, granted interim relief to petitioners, with the result the placement of petitioners in select list continues. 9. Learned A.G.P. however, has pointed out that because of non mention of qualification and Maharashtra Fire Service Academy some other eligible persons may not have applied for direct recruitment. Learned counsel for the petitioners dispute this. We keep the issue open. 10.
9. Learned A.G.P. however, has pointed out that because of non mention of qualification and Maharashtra Fire Service Academy some other eligible persons may not have applied for direct recruitment. Learned counsel for the petitioners dispute this. We keep the issue open. 10. If the respondents find that there are some other holders possessing qualification given by the Maharashtra Fire Service Academy, it is open to them to readvertise the post immediately by making suitable amendment in the qualification part thereof. If it finds that it is not necessary to readvertise, it has to consider eligibility of petitioners and find out whether they can be appointed in response to the advertisement. Fact that they are not holding qualification imparted by National Fire Service College, cannot be held against them. Qualification obtained by them from Maharashtra Fire Service Academy is valid and enables them to compete in the process. 11. We therefore, direct the respondents to take suitable decision on these lines within next two months. If there is any urgency in the meanwhile, it is open to the respondents to give adhoc appointment to the petitioners till then. 12. Writ Petition is, partly allowed and disposed of. Rule is made absolute in aforesaid terms with no order as to costs.