Case Note & Summary
The matter arose from a writ petition before the High Court of Judicature at Bombay challenging an order of the Maharashtra Administrative Tribunal. The petitioners were candidates who had applied for the post of Police Sub Inspector pursuant to advertisement No.05/2020 issued by the Maharashtra Public Service Commission. The advertisement prescribed a four-phase selection process consisting of a preliminary examination of 100 marks, a main examination of 200 marks, a physical test of 100 marks, and an interview of 40 marks. Paragraph 3.11 of the advertisement indicated that the allotment of marks for the physical test could be modified and would be published on the Commission's website. The preliminary examination was initially delayed due to the COVID-19 pandemic. In the meantime, on 25 May 2021, the Commission issued a proclamation prescribing a qualifying criterion of 60% marks in the physical test for eligibility for the oral interview, and further directed that marks obtained in the physical test would not be counted towards the total marks for preparation of the final merit list. This proclamation was made applicable to examinations conducted from the year 2020 onwards. The preliminary examination was ultimately conducted on 4 September 2021, and results were published on 3 December 2021. The main examination was rescheduled and conducted on various dates between 22 January and 12 February 2022, with total marks increased from 200 to 400. The result of the main examination was published on 17 November 2022. The petitioners claimed to have cleared both the preliminary and main written examinations. While they were expecting to appear in the physical test merely to secure qualifying marks of 60% without any competitive element, the Commission issued a Corrigendum dated 13 December 2022. The Corrigendum decided not to apply the provisions of the proclamation dated 25 May 2021 to the selection and directed that the physical test would be conducted in accordance with the criteria applicable at the time of the advertisement, i.e., the criteria prescribed in February 2018. Under the Corrigendum, the minimum qualifying marks in the physical test were reduced from 60% to 50%, and the stipulation that physical test marks would not be counted towards the final merit list was deleted. Thus, two essential changes were introduced: lower qualifying marks and reintroduction of physical test scores into the merit computation. Aggrieved, the petitioners filed Original Application No.1327 of 2022 before the Maharashtra Administrative Tribunal seeking a direction that the Corrigendum dated 13 December 2022 was not applicable to the selection process initiated by advertisement No.05/2020. The Tribunal dismissed the Original Application by judgment and order dated 5 January 2023. The petitioners then filed the present writ petition. The High Court issued Rule and made it returnable forthwith, and with consent of parties heard the matter finally. The court noted the factual background and the changes brought about by the Corrigendum. However, the provided excerpt of the judgment does not include the final operative decision or the court's reasoning on the merits of the challenge. Therefore, the final outcome of the writ petition cannot be determined from the text supplied.
Headnote
A) Service Law - Recruitment Criteria - Change in Physical Test Standard Mid-Selection - Maharashtra Public Service Commission Advertisement No.05/2020 read with Proclamation dated 25.05.2021 and Corrigendum dated 13.12.2022 - Petitioners challenged the tribunal's dismissal of their OA, contending that the corrigendum reducing physical test qualifying marks from 60% to 50% and restoring counting of physical test marks for merit should not apply to the ongoing PSI selection - The High Court heard the matter after rule was made returnable forthwith, but the final decision is not provided in the extracted judgment text (Paras 1-5). B) Administrative Law - Legitimate Expectation - Alteration of Eligibility Criteria After Written Examination - Maharashtra Public Service Commission - Petitioners alleged that they cleared preliminary and main written exams expecting physical test to be merely qualifying at 60% with no competitive marks, based on proclamation dated 25.05.2021 - The impugned corrigendum altered this expectation by lowering qualifying marks and reintroducing physical test scores into final merit - The Court examined whether such mid-selection change was permissible, but no final holding is available in the excerpt (Paras 4-5).
Issue of Consideration
Whether Corrigendum dated 13.12.2022 issued by Maharashtra Public Service Commission applies to the selection process initiated by Advertisement No.05/2020 for Police Sub-Inspector posts, overriding Proclamation dated 25.05.2021.
Law Points
- Selection criteria for public employment cannot be changed arbitrarily after commencement of process
- legitimate expectation of candidates based on published rules
- physical test marks may or may not be counted for final merit
- applicability of corrigendum to ongoing selection
- Maharashtra Public Service Commission advertisement No.05/2020
