Case Note & Summary
The petitioner, Avinash Shankar Bavne, was appointed as Police Patil of Village Gondeda on 4 March 2016 after a recruitment process. Respondent No. 3, Vishnudas Mangare, who also applied for the post, challenged the appointment before the Maharashtra Administrative Tribunal (MAT) in Original Application No. 839/2017, primarily on the ground that the petitioner's application was not accompanied by a character certificate as required by the recruitment rules. The MAT allowed the application and quashed the appointment, holding that the non-submission of the character certificate was a fatal defect. The petitioner then filed a writ petition under Article 227 of the Constitution before the Bombay High Court, Nagpur Bench. The High Court examined the relevant rules and found that the requirement of submitting a character certificate was directory and not mandatory. The court noted that the appointing authority had considered the petitioner's character and found him suitable. The High Court held that the MAT had exceeded its jurisdiction by acting as an appellate authority and substituting its own view on a matter of eligibility, which was within the domain of the appointing authority. The court emphasized that judicial review under Article 227 is limited to examining whether the decision-making process is perverse or arbitrary, and not to re-appreciate evidence or substitute the court's own opinion. Consequently, the High Court allowed the writ petition, set aside the MAT's order, and restored the petitioner's appointment as Police Patil.
Headnote
A) Service Law - Appointment of Police Patil - Character Certificate Requirement - The requirement of submitting a character certificate along with the application is directory, not mandatory, and non-submission does not automatically invalidate the appointment if the candidate otherwise possesses good character and the appointing authority has considered the same. (Paras 6-8) B) Jurisdiction of Tribunal - Maharashtra Administrative Tribunal - Scope of Judicial Review - The MAT, while exercising powers under Article 227, cannot act as an appellate authority and substitute its own view on the eligibility of a candidate unless the decision of the appointing authority is perverse or arbitrary. (Paras 6-8) C) Procedural Irregularity - Appointment of Police Patil - Non-submission of Character Certificate - The failure to submit a character certificate at the time of application is a curable irregularity and does not render the appointment void ab initio, especially when the candidate has been found suitable in all other respects. (Paras 6-8)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal (MAT) was justified in quashing the appointment of the petitioner as Police Patil on the ground that his application was not accompanied by a character certificate, and whether the MAT exceeded its jurisdiction under Article 227 of the Constitution.
Final Decision
The High Court allowed the writ petition, set aside the judgment of the Maharashtra Administrative Tribunal dated 17-7-2018 in Original Application 839/2017, and restored the appointment of the petitioner as Police Patil of Village Gondeda.
Law Points
- Appointment of Police Patil
- Character certificate requirement
- Maharashtra Police Patil Rules
- Jurisdiction of Maharashtra Administrative Tribunal
- Judicial review under Article 227
- Procedural irregularity not fatal
