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2023 DIGILAW 1300 (BOM)

Maharashtra State Graduate , Primary Teacher And Cluster Head Association v. State of Maharashtra

2023-06-15

A.S.CHANDURKAR, V.V.JOSHI

body2023
JUDGMENT/ORDER 1. Considering the reasons mentioned in the application, leave is granted to add respondent Nos.5 and 6 to the array of party. The impleadment be carried out forthwith. 2. Civil application stands disposed of. CIVIL WRIT PETITION NO. 3638 OF 2023 3. The learned counsel for the petitioner has tendered the pursis along with list of members of the petitioner Association, who are desirous of seeking a relief sought in the present writ petition. 4. Subject to the necessary court fees being paid by the members of the Association, the order dtd. 15/6/2023 passed in Writ Petition No.3666/2023, which reads as under, shall also apply to said members of the Association. < WXY>"Challenge raised in this writ petition is to clause 3.2 and 3.3. of the advertisement dtd. 5/6/2023 that has been issued by the respondent No.3 for undertaking recruitment on the post of Cluster Head - Kendrapramukh. As per clause 3.2 thereof a candidate is required to have a minimum 50% marks in graduation. As per clause 3.3 candidates only up to the age of 50 years can make an application for such appointment. The intention behind making appointment of the post of Cluster Head was seniority in service as well as rendering of meritorious service. It is urged that considering the nature of duties required to be rendered by Cluster Head the criteria laid down in the Government Resolution dtd. 14/11/1994 ought to have continued instead of restricting candidates till the age of 50 years. Similarly, rendering of satisfactory service has been dispensed with and instead merit of the candidates on the basis of educational qualification has been given preference. The said aspects have now been given a go-by in the subsequent Government Resolution dtd. 1/12/2022. Issue notice to the respondents, returnable in four weeks. The learned Assistant Government Pleader waives notice for respondent Nos.1 and 2. The other respondent be served by all permissible modes. Under the advertisement dtd. 5/6/2023 last date for submission of application is 15/6/2023. By an ad interim order the petitioners are permitted to submit their application with a clear understanding that such submission of application would be subject to outcome of the writ petition and that the petitioners would not be entitled to claim any equity on this basis. The respondent Nos.3 and 4 to take necessary steps to enable the petitioners to submit their application form. The respondent Nos.3 and 4 to take necessary steps to enable the petitioners to submit their application form. The petitioners to serve copy of this order on the said respondents to enable such steps to be taken. To be heard with Writ Petition Nos.3620/2023, 3621/2023, and 3637/2023."</ WXY>