Case Note & Summary
The petitioners, Sahel Ahmad Wakeel Ahmad Quadri and Jamil Ahmed Khan Yawar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. They sought a direction to Respondent No. 2 to withdraw a notification dated 02.08.2019 and a letter dated 21st/22nd January 2020, and to restrain the respondents from conducting an examination scheduled from 27.02.2020 to 29.02.2020 and from making appointments. The respondents included the State of Maharashtra, the Director of Health & Commissioner, the Director of Ayush, the Central Council of Indian Medicine, the Union of India, and the Maharashtra University of Health Science. The court, comprising Justices S. S. Shinde and V. G. Bisht, heard the matter on 28th February 2020. After considering the submissions, the court found no merit in the petition and dismissed it. The judgment was brief, with the court stating that the petition was devoid of substance and no interference was warranted. The court did not elaborate on the specific grounds raised by the petitioners, but the dismissal indicates that the challenge to the recruitment process was not sustainable.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Recruitment Process - Petitioners challenged notification and examination schedule for Ayush doctors - Court found no merit in the challenge and dismissed the petition - Held that the petition was devoid of substance and no interference was warranted (Paras 1-3).
Issue of Consideration
Whether the petitioners are entitled to a direction to withdraw the notification dated 02.08.2019 and letter dated 21st/22nd January 2020, and to restrain the respondents from conducting the examination and making appointments.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Article 226 of the Constitution of India
- Writ Jurisdiction
- Recruitment Process
- Ayush Doctors
- Public Health
Case Details
2020 LawText (BOM) (02) 30
WRIT PETITION (STAMP) NO. 2169 OF 2020
S. S. Shinde, V. G. Bisht
Mr. A.A. Siddiqui a/w. Ms. Farzana Sawant, Mr. Shahid Nadeem, Mr. Shaikh Adil (for Petitioner); Mr. R.V. Govilkar a/w. Mr. M.R. Govilkar (for Respondent No. 6); Mr. R.V. Govilkar a/w. Mr. M.R. Govilkar, Mr. D.P. Singh (for Respondent No. 5); Mrs. R.A. Salunkhe (AGP for State)
Sahel Ahmad Wakeel Ahmad Quadri and Jamil Ahmed Khan Yawar
The State of Maharashtra, The Director of Health & Commissioner (Family Welfare), The Director, Directorate of Ayush (M.S.), The Central Council of Indian Medicine, Union of India, Maharashtra University of Health Science
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging recruitment process for Ayush doctors.
Remedy Sought
Direction to withdraw notification dated 02.08.2019 and letter dated 21st/22nd January 2020, and restraint on conducting examination and making appointments.
Filing Reason
Petitioners challenged the recruitment process for Ayush doctors.
Issues
Whether the petitioners are entitled to a direction to withdraw the notification and letter and to restrain the respondents from conducting the examination and making appointments.
Ratio Decidendi
The petition was devoid of substance and no interference was warranted under Article 226 of the Constitution of India.
Judgment Excerpts
This petition under Article 226 of the Constitution of India is fled seeking direction to Respondent No. 2 to withdraw the notifcation dated 02.08.2019 and letter dated 21st/22nd January 2020.
After hearing the learned counsel for the petitioners and the respondents, we are of the opinion that the petition is devoid of substance and no interference is warranted.
Hence, the petition is dismissed. No order as to costs.
Procedural History
The petition was filed on an unspecified date and heard on 28th February 2020, when it was dismissed.
Acts & Sections
- Constitution of India: Article 226
