Case Note & Summary
The petitioner, Anil Damu Murgaonkar, a government servant, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, challenging the selection process for the post of Lower Division Clerk conducted by the Goa Public Service Commission. The selection was for 17 posts, and the petitioner claimed that the selection list was arbitrary and illegal, and that he was entitled to be appointed based on his merit. The respondents, including the State of Goa and the Commission, defended the selection as per rules. The court examined the facts and found that the selection was conducted in a fair manner, following the prescribed procedure and reservation policy. The court held that the petitioner failed to establish any illegality or arbitrariness in the selection process. Consequently, the writ petition was dismissed, and the selection list was upheld.
Headnote
A) Service Law - Selection Process - Lower Division Clerk - Goa Public Service Commission - The petitioner challenged the selection list for 17 posts of Lower Division Clerk on grounds of arbitrary selection and non-compliance with reservation policy. The court examined the selection process and found it to be in accordance with the rules and merit list. Held that the selection was valid and no interference was warranted under Article 226 (Paras 1-10).
Issue of Consideration
Whether the selection process for the post of Lower Division Clerk conducted by the Goa Public Service Commission was arbitrary and illegal, and whether the petitioner was entitled to be appointed based on his merit position.
Final Decision
Writ petition dismissed. Selection list upheld.
Law Points
- Service Law
- Selection Process
- Reservation Policy
- Writ Jurisdiction
- Article 226
