Summary:
AURANGABAD: Maharashtra Administrative Tribunal has asked the appointing authority to either consider an assistant professor in medicine's name as per waiting list or file an affidavit explaining the reason for not doing so.The assistant professor in medicine was amongst the 25 people to crack Maharashtra Public Service Commission (MPSC) exam in 2014.Passing the judgment, the single bench tribunal comprising Justice MT Joshi ruled that prima facie it appears that since merit list was published on May 28, 2015, the waiting list itself is part of the merit list in existence on May 31, 2016 on the date of the publication of the standing order. Out of these candidates, 15 were posted, while the remaining were treated as waiting list.On November 22, 2016 Toshniwal learnt that two candidates have resigned and immediately filed an application to the state's department of medical education requesting them to consider his name as per waiting list.MPSC in its reply on January 31 this year declined to recommend the names of the candidates in the waiting list, on the ground that selection was exhausted after completion of one year from the date of result. Therefore, the provision of this standing order providing 2 years life to the list appears to be applicable in the present case.The tribunal said that in case state medical education department comes to the conclusion that as the waiting list is in existence, appointment can be made, the necessary decision to be taken regarding corrective steps and copy of the said decision is to be filed in the present proceeding.The tribunal went on to state that in case the medical education department comes to the conclusion that according to law no decision as stated above can be taken, then a short affidavit explaining the reason be filed on record.On June 30, 2014, the Maharashtra State Public Service Commission published an advertisement calling applications for filling up posts of associate professor in general medicine at Government Medical Colleges in the state.Accordingly, Dr Sham Premkishor Toshniwal, who appeared for the exam, stood 17th as per the merit list comprising 25 successful candidates..