DR. KASHINATH NAGAYYA IBATTE versus STATE OF MAHARASHTRA AND ORS.

DR. KASHINATH NAGAYYA IBATTE versus STATE OF MAHARASHTRA AND ORS.

Temporary appointees must give way to regularly selected candidates by the Public Service Commission, but appellant's case may be considered for existing unfilled posts, subject to selection and age relaxation if necessary.

Parties
Appellant: Dr. Kashinath Nagayya Batte; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
31 March 1995
Procedural Posture
Civil Appeal / Judgment on Appeal From Maharashtra Administrative Tribunal
Outcome
Appeal disposed of
Legal Topics
Temporary Appointment, Scheduled Tribe Reservation, Regular Selection, Public Service Commission Recruitment
Service Law Temporary Appointment Scheduled Tribe Reservation Regular Selection Public Service Commission Recruitment

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Parties

Dr. Kashinath Nagayya Batte

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From Maharashtra Administrative Tribunal

Legal Issues

  1. 1 Whether a temporarily appointed Scheduled Tribe candidate can continue in service when candidates selected and appointed by the Public Service Commission are available

Ratio Decidendi

Temporary appointees must give way to regularly selected candidates by the Public Service Commission, but appellant's case may be considered for existing unfilled posts, subject to selection and age relaxation if necessary.

Court Disposition

Appeal disposed of

Orders

  • Appellant must vacate post for regularly selected candidates
  • Government may consider appellant for one of the existing unfilled posts, subject to PSC selection