1 srk wp-1926-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1926 OF 2009 Shri Abhay Govind Katkar ... Petitioner Versus The Maharashtra Public Service Commission and others. ... Respondents Mr. Shekhar Jagtap for the petitioner. Mr. J.S. Saluja, Assistant Government Pleader for State-respondent Nos.3 to 5. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Friday, January 21, 2011 P .C. Finally, the Maharashtra Public Service Commission and the State of Maharashtra considered the matter with the sensitivity which the petitioner deserves. MPSC called the petitioner for interview and found him suitable for the post of Assistant Executive Engineer (Irrigation) (Grade A). The State Government has accordingly, issued the appointment letter dated 20th January, 2011. 2. The learned AGP seeks leave to place the appointment letter on record. 3. Leave as prayed for is granted. The appointment letter dated 20th January, 2011 is taken on record. 2 srk wp-1926-09.sxw 4. The learned counsel for the petitioner, however, submits that the petitioner had applied in response to the advertisement and appeared at the written examination conducted by the Maharashtra Public Service Commissioner as far back as in 2007 and all the candidates who were declared successful at the said examination were called for the interview but the petitioner's result in the written examination was not declared and he was not called for the oral interview. Those other candidates who were selected at the interview were appointed for the post of Assistant Executive Engineer (Civil) in the Irrigation Department in the year 2010. It is submitted that even those candidates who were less meritorious than the petitioner were given appointment letters in the year 2010. If the respondents fix the seniority of the petitioner only on the basis of the date of appointment letter or the date of joining, the petitioner will suffer in terms of seniority and, therefore, appropriate directions may be given to the respondent-authorities. 5. The learned AGP submits that the matter of determination of seniority be left to the State Government and that there were also three other candidates who were similarly situated and were not called for interview. 6. Merely because there were other persons who might not have been called for interview for the reasons which cannot be sustained, that cannot be a ground for depriving the petitioner for the seniority which he is entitled to on the basis for which the petitioner is found to be duly eligible, fit and qualified for appointment to the post of Assistant Executive Engineer (Civil) in the Irrigation Department. The petitioner's seniority, therefore, must be given on the basis of his merit at the selection for the above post alongwith others who had appeared in the same selection. Respondents shall accordingly, fix the petitioner's seniority on the said basis without being influenced by the fact that 3 srk wp-1926-09.sxw the petitioner's appointment letter is issued recently on 20th January, 2011 and, therefore, the petitioner will be joining after those who were found to be less meritorious in the selection. As regards the case of other candidates who were not called for the interview on the ground that they are persons with disability the respondents shall look into their cases afresh with the same sensitivity without driving them to litigation. This shall be done by 28th February, 2011. Petition is accordingly, disposed of. CHIEF JUSTICE S.J. VAZIFDAR, J.