Case Note & Summary
The petitioner, Ramkrishna Narayan Ghuge, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 18th May 2002 passed by the Desk Officer, Rural Development and Water Conservation Department, Mantralaya, Mumbai, rejecting the proposal for granting exemption under Rule 10 of the Maharashtra Civil Services (Compulsory Marathi Shorthand and Marathi Typing Examinations for English Stenographers and English Typists) Rules, 1991. The petitioner was appointed as a Steno Typist by the Zilla Parishad, Jalna, on 23rd September 1982. He had completed the Trade Test in Stenography English at 40/80 words per minute on 19th July 1981. The Chief Executive Officer, Zilla Parishad, Jalna, submitted a proposal to the State Government recommending exemption for the petitioner from passing the Marathi Shorthand Examination. However, the Desk Officer rejected the proposal without considering the recommendation. The court found that the impugned order was passed without application of mind and quashed it. The court directed the State Government to consider the proposal afresh and grant exemption to the petitioner from passing the Marathi Shorthand Examination under Rule 10 of the said Rules.
Headnote
A) Service Law - Exemption from Examination - Rule 10 of Maharashtra Civil Services (Compulsory Marathi Shorthand and Marathi Typing Examinations for English Stenographers and English Typists) Rules, 1991 - The petitioner, an English Stenographer, sought exemption from passing Marathi Shorthand Examination. The Chief Executive Officer, Zilla Parishad, Jalna, recommended exemption. The Desk Officer rejected the proposal without considering the recommendation. Held that the impugned order was passed without application of mind and is quashed. The State Government is directed to consider the proposal afresh and grant exemption. (Paras 1-10) B) Service Law - Writ of Certiorari - Article 226 of Constitution of India - The court can quash an order passed without application of mind by an authority not competent to decide. The Desk Officer's order was set aside as it failed to consider the recommendation of the appointing authority. (Paras 1-10)
Issue of Consideration
Whether the impugned order dated 18th May 2002 passed by the Desk Officer rejecting the proposal for exemption under Rule 10 of the said Rules is valid and whether the petitioner is entitled to exemption from passing Marathi Shorthand Examination.
Final Decision
The impugned order dated 18th May 2002 is quashed and set aside. The State Government is directed to consider the proposal submitted by the Chief Executive Officer, Zilla Parishad, Jalna, vide letter dated 12th February 2002, and to grant exemption to the petitioner from passing Marathi Shorthand Examination under Rule 10 of the said Rules.
Law Points
- Exemption from passing Marathi Shorthand Examination
- Rule 10 of the Maharashtra Civil Services (Compulsory Marathi Shorthand and Marathi Typing Examinations for English Stenographers and English Typists) Rules
- 1991
- Power of State Government to grant exemption
- Consideration of proposal by competent authority
- Non-application of mind by Desk Officer
- Writ of Certiorari
