Case Note & Summary
The petitioners, 69 unemployed youths from Thane district, filed a writ petition under Article 226 of the Constitution before the High Court of Judicature at Bombay. They challenged the actions of the Mira Bhayander Municipal Corporation (MBMC). The petitioners had applied for 170 posts of Safai Kamgars advertised by MBMC in 2006. Despite being interviewed, no final selection list was declared. Petitioner No.2 inquired and was informed that the entire selection process had been scrapped. Meanwhile, MBMC passed Resolution No. 25 on 14th June 2007 and issued an order on 27th June 2007, absorbing 69 employees from a builder's water supply system. The petitioners alleged that this was a backdoor entry for persons connected to officers and employees of the Corporation, and that the resolution falsely recorded a unanimous decision. They contended that the absorption was illegal, arbitrary, and discriminatory, hastily done just before the Model Code of Conduct for municipal elections. Some corporators had objected. The petitioners sought quashing of the resolution and order, revival of the selection process, and action against responsible officers. The High Court issued Rule and, by consent, heard the matter finally. The case was reserved on 8th May 2012 and pronounced on 11th June 2012. The judgment outcome is not provided in the excerpt.
Issue of Consideration
Whether the impugned Resolution No. 25 dated 14th June, 2007 and order dated 27th June, 2007 absorbing 69 employees are illegal and arbitrary? Whether the cancellation of the recruitment process for Class IV posts (Safai Kamgars) initiated by respondent No.2 is valid?
Law Points
- Article 226 of the Constitution of India
- Writ of Mandamus
- Backdoor appointments
- Cancellation of recruitment process
