wp9325.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9325 OF 2010 Balu s/o Gyanoji Mule, Age-37 years, Occu:Unemployed, R/o-Jijamata Nagar, Hingoli, Dist-Hingoli. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, Health Department, Mantralaya, Mumbai-32, 2) The Collector and President, District Selection Committee, Nanded, 3) The Chief Executive Officer, Zilla Parishad, Nanded and Member, District Selection Committee, Nanded, 4) The District Health Officer, Zilla Parishad, Nanded and Member Secretary, District Selection Committee, Nanded. ...RESPONDENTS. wp9325.10 2 ... Mrs. Bhushan Kathar Advocate for Petitioner. Mr. S.K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Mrs. Geeta Deshpande Advocate for Respondent Nos.3 and 4. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 13TH JANUARY, 2011. ORAL JUDGMENT [PER NARESH H. PATIL, J.] : 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. The Petitioner was selected as seasonal spraying worker by Zilla Parishad, Nanded. By communication dated 6th October, 2009, the Chief Executive Officer cancelled the selection of the Petitioner on the ground that he had tendered certificate showing his experience against the record. wp9325.10 3 3. The Respondent Zilla Parishad filed affidavit in reply. The learned counsel for the Respondent Zilla Parishad contends that enquiry was conducted and it was found that the Petitioner had submitted false experience certificate. It is admitted that before passing the impugned order, the Petitioner was not issued show cause notice. 4. In the facts of the case, we find that in case any adverse order is to be passed against the selected candidate, the minimum requirement was at-least to issue notice to him, so that he could explain the circumstances in which the certificate of experience was filed. On this ground alone, we quash and set aside the impugned order dated 6th October, 2009 issued by the Chief Executive Officer, Zilla Parishad, Nanded. 5. The matter is remanded back to the Respondent Zilla Parishad, Nanded, for wp9325.10 4 reconsideration. Before passing the order, the Respondent Zilla Parishad, Nanded shall issue notice to the Petitioner. Respondent Zilla Parishad, Nanded is free to pass appropriate order in accordance with law, after hearing the Petitioner. All this exercise shall be completed within EIGHT WEEKS from today. It is made clear that we have not expressed any opinion on the merits of the matter. 6. Rule is made absolute on the above terms. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/JAN11/wp9325.10