1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5290 OF 2008 WRIT PETITION NO. 5290 OF 2008 WRIT PETITION NO. 5290 OF 2008 Dr. Gangadhar V.Kayande-Patil ...Petitioner Versus The Dy. Secretary, Maharashtra Publice Service Commission, Mumbai & Ors. ...Respondents Mr. S.K.Shinde, Advocate, i/b. Mr. Sagar Kasar, Advocate, for the petitioner. Mr. V.S.Masurkar, Govt. Pleader, for Respondent Nos. 1 to 3. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATED: 10th October, 2008. DATED: 10th October, 2008. DATED: 10th October, 2008. P.C. P.C. P.C. 1. The petitioner wants that the Maharashtra Public Service Commission should consider him for the post of Director of Education (Higher Education), although he admits that he does not possess the qualifications 2 to be considered in view of the Advertisement, being Advertisement Number-024/2008. The prescribed qualifications include the teaching experience of 15 years in an affiliated College of Arts, Science and administrative experience as Head of an affiliated College or at senior levels in a University or in a State Department of Education for at least 5 years. He submits that he does not have the requisite experience. However, he submits that his qualification should be treated to be exceptional and he should be declared to be eligible in terms of para 5.2 of the advertisement. This para lays down the period of experience can be relaxed upto 40% in favour of candidates having exceptional qualification or experience or both. We are afraid that this Court will not be in a position to decide whether the petitioner has exceptional qualifications as exceptional qualifications are also not defined and when one ventures into the field of deciding whether the qualifications held by the petitioner were exceptional qualifications they should be with reference to the qualifications held by others. The petitioner is a professor in the University. It is expected that every professor in the University should have a Master’s Degree and a Ph.D. and have some papers published. Therefore, on the face of it, we do not feel that we can draw a conclusion that the petitioner 3 possesses exceptional qualifications. 2. For this reason, we do not find merit in the petition which is accordingly dismissed. (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)