Case Note & Summary
The petitioner, Dr. Anil Dhage, a qualified Dental Surgeon, was appointed on an ad hoc basis by the Dean of Medical College, Nagpur on 12.06.1998, following his selection on 19.08.1997. He had worked intermittently from 1996 to 2000. He filed Original Application No.558/2000 before the Maharashtra Administrative Tribunal (MAT) challenging his replacement by respondent no.5, Dr. Sandip Gujar, a bonded candidate. The MAT, by judgment dated 24.12.2001, held that the petitioner was replaced on 09.04.2001 and thus the application became infructuous and was disposed of. The petitioner then filed the present writ petition challenging the MAT's order. The High Court, after hearing the parties, found that the MAT's decision was correct as the petitioner was an ad hoc employee with no right to the post, and his replacement by a bonded candidate was in accordance with the rules. The court dismissed the writ petition, upholding the MAT's order.
Headnote
A) Service Law - Ad Hoc Appointment - Replacement by Bonded Candidate - The petitioner, an ad hoc Dental Surgeon, challenged his replacement by a bonded candidate. The MAT held that the Original Application did not survive as the petitioner was replaced on 09.04.2001. The High Court upheld this finding, noting that the petitioner had no right to continue in the post and the replacement was in accordance with rules. (Paras 1-3)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal (MAT) was correct in holding that the Original Application filed by the petitioner, an ad hoc employee, became infructuous upon his replacement by a bonded candidate.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal.
Law Points
- Ad hoc appointment
- bonded candidate
- replacement
- infructuous
- no right to continue
- MAT jurisdiction
Case Details
2015 LawText (BOM) (08) 136
Writ Petition No.1250/2002
A. B. Chaudhari, P. N. Deshmukh
Mr. U. S. Dupare for petitioner, Mr. S. M. Ukey for respondent-State, Mr. Rohit Joshi for respondent no.5
Dr. Anil s/o Sukhdevrao Dhage
State of Maharashtra, The Dean, Government Medical College and Hospital, Nagpur, Rural Health Centre, Saoner, Maharashtra Administrative Tribunal, Dr. Sandip Gujar, Director of Medical Education and Research, Dean, Government Dental College, Nagpur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of Maharashtra Administrative Tribunal which held that the petitioner's Original Application became infructuous upon his replacement by a bonded candidate.
Remedy Sought
The petitioner sought to challenge the judgment and order dated 24.12.2001 of the Maharashtra Administrative Tribunal in Original Application No.558/2000.
Filing Reason
The petitioner, an ad hoc Dental Surgeon, was replaced by a bonded candidate, and the MAT disposed of his application as infructuous.
Previous Decisions
The Maharashtra Administrative Tribunal by judgment dated 24.12.2001 held that the petitioner was replaced on 09.04.2001 and the Original Application did not survive.
Issues
Whether the MAT was correct in holding that the Original Application became infructuous upon replacement of the ad hoc employee by a bonded candidate.
Submissions/Arguments
The petitioner argued that his replacement was illegal and he should have been continued.
The respondents contended that the petitioner was an ad hoc employee and had no right to the post, and his replacement by a bonded candidate was in accordance with rules.
Ratio Decidendi
An ad hoc employee has no right to continue in the post, and replacement by a bonded candidate in accordance with rules renders any challenge infructuous.
Judgment Excerpts
By the present writ petition, the petitioner Dr. Anil Dhage, a Dentist, has put to challenge judgment and order dated 24.12.2001 in Original Application No.558/2000, inter alia, by which the Maharashtra Administrative Tribunal (MAT) held that the ad hoc employee-petitioner was replaced by a bonded candidate namely; respondent no.5-Dr. Sandip Gujar on 09.04.2001 and, therefore, the Original Application did not survive and was disposed of.
Procedural History
The petitioner filed Original Application No.558/2000 before the Maharashtra Administrative Tribunal challenging his replacement. The MAT disposed of the application as infructuous on 24.12.2001. The petitioner then filed Writ Petition No.1250/2002 before the Bombay High Court, which was dismissed on 13.08.2015.
