1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.No. 3758/2009 Mohammad Chhotushah Yusuf vs. Th Member/ Secretary, Maharashtra Jiwan Pradhikaran and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. Haq, Advocate for the petitioner. Mr. D.M.Kakani, Advocate for R-1 and 2. CORAM : S.A.BOBDE & MRS. V.K.TAHILRAMANI,JJ DATE : 18.01.2011 Heard. 2. The petitioner's grievance is that he has been reverted illegally from the post of Executive Engineer to the post of Deputy Engineer. The reversion is on the ground that the petitioner had not passed professional examination as contemplated by Public Works Department Manual. 3. Mr. Haq, the learned counsel for the petitioner submits that the exemption from passing professional examination was granted to the similarly situated persons like petitioner and the petitioner by the Superintending Engineer by letter dated 31.12.2003 (Annexure X-1). 4. Mr. Kakani, learned counsel for the respondents submits that the Superintending Engineer 2` was not authorised to grant such exemption. However, we find that this aspect has not been considered by the respondents in the reversion order which was passed after hearing the petitioner. 5. In the circumstances, we consider it appropriate to set aside the reversion order and direct that the petitioner shall be heard afresh by the respondent Board who shall pass reasoned order within a period of six weeks from the date of petitioner appears before the respondent board. The petitioner is directed to appear before the respondent Board on 7.2.2011. We further direct that the status quo shall be maintained as on today till decision of the petitioner's case by the respondent board. All issues are kept open. 6. This order shall not bar the respondent from considering any legitimate claim of the petitioner in accordance with law. 7. The petition is disposed in the above terms. JUDGE JUDGE patle 3`