Case Note & Summary
This batch of writ petitions challenges the rejection of applications for the post of Judge, Family Court by the High Court on the ground that the petitioners failed to submit the declaration in Form 'A' as required under the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 (Rules of 2005) along with their applications. The High Court published an advertisement on 27 September 2010 for filling vacant posts of Judge, Family Court. In response, 895 applications were received. After scrutiny, 476 applications were accepted and the remaining were rejected on various grounds. 166 applications were declared ineligible solely because the declaration in Form 'A' was not submitted with the application form. The present petitioners are 14 of those 166 applicants. They contended that the advertisement did not list the declaration in Form 'A' among the mandatory certificates to be enclosed with the application under clause 5, and that clause 12 of the application form itself required the candidate to disclose the number of children, which they had done. They argued that the failure to submit the declaration should be treated as an irregularity, not a disqualification, and they should have been given an opportunity to rectify it. The High Court, appearing through its Registrar, argued that clause 11 of the advertisement explicitly required the declaration, and Rule 4 of the Rules of 2005 mandates its submission. The Court noted that the petitioners have no more than two children, some have none, making the declaration a purely procedural and confirmatory requirement. The Court held that the requirement under Rule 4 of the Rules of 2005, while mandatory for appointment, is directory at the stage of scrutiny for participation in the selection process. The essential information about the number of children was already available through clause 12 of the application form. Thus, the non-submission of Form 'A' could not be a ground to hold the applications ineligible. The Court set aside the rejection and directed that the petitioners be permitted to participate in the selection process, subject to them submitting the required declaration before appointment, if selected. The petitions were allowed accordingly.
Headnote
A) Service Law - Recruitment - Mandatory vs Directory Requirement - Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 - Rule 4 - Declaration in Form 'A' required to be submitted along with application for service under State; omission at scrutiny stage not fatal when candidate disclosed number of children in application form clause 12; requirement directory for participation in selection process, not mandatory at that stage; candidates may be permitted to submit declaration later; disqualification would apply to appointment, not to consideration for selection (Paras 5-6).
Issue of Consideration
Whether failure to submit the declaration in Form 'A' as required by the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 along with the application for the post of Judge, Family Court renders the application ineligible at the scrutiny stage, thereby disqualifying the candidate from participating in the selection process.
Final Decision
The writ petitions are allowed. The rejection of the petitioners' applications solely for non-submission of Form 'A' declaration is set aside. The petitioners are held eligible to participate in the selection process for the post of Judge, Family Court, subject to submitting the required declaration before appointment, if selected. Rule made absolute with no order as to costs.
Law Points
- failure to submit declaration in Form 'A' under Rules of 2005 not a disqualification for participation in selection process
- disqualification applies to appointment not selection
- information about number of children already in application form clause 12
- submission of declaration merely procedural and confirmatory
- directory requirement at scrutiny stage
- could be complied with later before appointment
- Section 4 Family Courts Act 1984 read with Family Courts (Recruitment and Service Conditions) Rules 1990 does not mandate such declaration as condition
Case Details
2010 LawText (BOM) (10) 50
Writ Petition No. 3775 of 2010 along with connected petitions (Nos. 3713, 4657, 5376, 5377, 5378, 5379, 5382, 5383, 5384, 5385, 5386, 5515, 6284 of 2010)
B.H. Marlapalle, U.D. Salvi
Mrs. P.U. Badadare, Mr. C.T. Chandratre, Mr. Manoj Patil, Mrs. Padma Chandekar (in person), Mr. Kiran Mohile, Mrs. Jyoti Iyer (in person), Mrs. M.P. Thakur, Mr. M.S. Karnik
Mrs. Kavita Sandesh Patil & Ors.
The Registrar, High Court, Bombay & Ors.
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Nature of Litigation
Public interest writ petition challenging rejection of applications for judicial post
Remedy Sought
Petitioners sought quashing of the decision holding them ineligible and a direction to permit them to participate in the selection process for the posts of Judge, Family Court
Filing Reason
The High Court scrutiny committee rejected 166 applications solely on the ground that the declaration in Form 'A' under the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 was not submitted along with the application
Previous Decisions
A Division Bench of the Nagpur Bench of the Bombay High Court passed an interim order on 23.04.2010 allowing petitioners to provisionally participate in the selection process; later, the selection process was stayed administratively on 30.04.2010; the petitions pending at Nagpur and Aurangabad Benches were transferred to the Principal Bench at Bombay
Issues
Whether non-submission of the declaration in Form 'A' as required by the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 along with the application for the post of Judge, Family Court renders the application ineligible at the scrutiny stage, thereby disentitling the candidate from participation in the selection process?
Submissions/Arguments
Petitioners argued that the advertisement (clause 5) did not list Form 'A' as a mandatory certificate to be enclosed; that clause 12 of the application form itself captured the number of children, making the declaration merely confirmatory; that the requirement under the Rules of 2005 is only a procedural formality and should not be treated as a disqualification at the selection stage, but only at the time of appointment; that they should have been given an opportunity to rectify the omission before the selection process commenced.
Respondents contended that clause 11 of the advertisement explicitly required the declaration to be submitted with the application; that Rule 4 of the Rules of 2005 imposes a mandate to submit such declaration for any service under the State of Maharashtra; that the scrutiny committee was justified in rejecting the applications; and that allowing 166 additional applications would make the selection process administratively unmanageable given the limited number of vacancies.
Ratio Decidendi
The requirement under the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 to submit a declaration in Form 'A' along with the application for a public post is directory at the stage of scrutiny for participation in the selection process. Where the candidate has already disclosed the number of children in the application form itself, the omission to submit Form 'A' is a mere procedural irregularity and does not render the application ineligible. The disqualification under the Rules applies to appointment, not to participation in selection.
Judgment Excerpts
failure to submit the declaration in Form 'A' appended to the Rules, 2005 along with the application should not be treated as a disqualification for participation in the selection process, though it may be a disqualification for appointment to the post of Judge, Family Court.
the submission of declaration in Form 'A' was merely a procedural requirement and it could not have been treated as a mandatory requirement so as to reject the application during the process of scrutiny.
Procedural History
The High Court issued an advertisement on 27.09.2010 for the post of Judge, Family Court. 895 applications were received and scrutinized. 166 applications were rejected for not enclosing Form 'A' declaration. Some petitioners filed representations; the present writ petitions were filed. The Nagpur Bench of the Bombay High Court passed an interim order on 23.04.2010 permitting provisional participation in the selection process. On 30.04.2010, the Selection Committee stayed the selection process. The petitions from Nagpur and Aurangabad Benches were transferred to the Principal Bench at Bombay. The matters were finally heard together and disposed of by the common judgment dated 22.10.2010.
Acts & Sections
- Family Courts Act, 1984: Section 4
- Maharashtra Civil Services (Declaration of Small Family) Rules, 2005: Rule 4
- Family Courts (Recruitment and Service Conditions) Rules, 1990:
