Case Note & Summary
The petitioners, Vikram Dhondiram Raskar and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court challenging the selection process for 400 posts of Junior Clerk advertised by Respondent No.4, a Co-operative Bank registered under the Maharashtra Co-operative Societies Act, 1960. The advertisement was published on 5th March, 2019 in 'Daily Sakal'. The examination and selection were outsourced to Respondent No.5, Maharashtra Institute of Hardware & Software Technology Private Limited (MIHST Pvt. Ltd.), Amravati. The petitioners applied and the examination was conducted on 14th and 15th September, 2019. Alleging irregularities in the conduct of the examination and selection, the petitioners sought a declaration that the entire selection process, including short-listing and consequential appointments, was illegal and bad in law, and further directions to Respondent Nos.1 and 2 (State of Maharashtra and Commissioner for Co-operation & Registrar, Co-operative Societies) to conduct an inquiry under Section 79A of the Maharashtra Co-operative Societies Act, 1960. The court, after hearing the parties, found that the selection process was vitiated due to serious irregularities. The court set aside the appointments and directed Respondent Nos.1 and 2 to conduct and complete an inquiry under Section 79A into the affairs of Respondent No.4 Bank regarding the recruitment process. The judgment was pronounced on 22nd July, 2022 by a bench comprising R. D. Dhanuka and M. G. Sewlikar, JJ.
Headnote
A) Constitutional Law - Judicial Review - Selection Process - Articles 226 and 227 of the Constitution of India - Petitioners challenged the entire selection process for 400 posts of Junior Clerk conducted by Respondent No.4 Bank through outsourced agency MIHST Pvt. Ltd. alleging irregularities. Court held that the selection process was vitiated due to serious irregularities and set aside the appointments. (Paras 1-18) B) Co-operative Societies - Inquiry - Section 79A of the Maharashtra Co-operative Societies Act, 1960 - Court directed Respondent Nos.1 and 2 to conduct and complete an inquiry under Section 79A into the affairs of Respondent No.4 Bank regarding the recruitment process. (Paras 2, 18)
Issue of Consideration
Whether the entire selection process pursuant to advertisement dated 5th March, 2019 for recruitment of Junior Clerks by Respondent No.4 Bank, conducted through outsourced agency MIHST Pvt. Ltd., was illegal and bad in law due to irregularities, and whether directions should be issued for inquiry under Section 79A of the Maharashtra Co-operative Societies Act, 1960.
Final Decision
The court allowed the writ petition, declared the entire selection process and consequential appointments as illegal and bad in law, set aside the appointments, and directed Respondent Nos.1 and 2 to conduct and complete an inquiry under Section 79A of the Maharashtra Co-operative Societies Act, 1960.
Law Points
- Judicial review of selection process
- Outsourcing of examination
- Irregularities in recruitment
- Section 79A Maharashtra Co-operative Societies Act
- 1960
- Articles 226 and 227 Constitution of India
