Case Note & Summary
The petitioner, Arun Shivram Patil, filed a writ petition seeking a direction to the respondents to hold oral interviews and complete the selection process for the post of Livestock Supervisor pursuant to an advertisement dated 25.11.1996 issued by the Maharashtra Subordinate Selection Board, Mumbai. The advertisement notified 175 posts of Livestock Supervisor, with 121 for male and 54 for female candidates, including 37 male and 26 female posts for open category and the balance reserved for backward class and handicapped candidates. A written examination was conducted on 30.11.1997. Thereafter, the selection board invited reserved category candidates for oral interviews and gave appointments to successful candidates from that category, but no oral interview was held for open category candidates. The petitioner waited for about three years after the written examination and then approached the High Court by filing the writ petition. The respondents opposed the petition, filing several affidavits. Their case was that as per Government Resolution dated 29.3.1997, the Government changed the previous 200 point roster to a 100 point roster, and by further Government Resolution dated 18.10.1997, the revised requisition was changed. The court considered the facts and the respondents' submissions. The court noted that the petitioner had waited for almost three years after the written examination before approaching the court. The court held that in view of the lapse of time and the change in the reservation roster policy by the Government Resolutions, no direction could be issued to the respondents to hold oral interviews and complete the selection process. The writ petition was accordingly dismissed.
Headnote
A) Service Law - Selection Process - Laches - Mandamus - Petitioner sought direction to complete selection process for Livestock Supervisor post advertised in 1996 - Written examination held on 30.11.1997 - Petitioner approached Court after three years - Respondents opposed on ground of change in reservation roster by Government Resolutions dated 29.3.1997 and 18.10.1997 - Held that no mandamus can be issued after such delay and change in policy (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to a direction to the respondents to hold oral interview and complete the selection process for the post of Livestock Supervisor pursuant to advertisement dated 25.11.1996, after a lapse of about three years from the written examination.
Final Decision
Writ petition dismissed.
Law Points
- Laches
- Mandamus
- Selection Process
- Reservation Roster
- Government Resolution
