Case Note & Summary
The petitioner, Prasad Vijay Inamdar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the selection list prepared by the Maharashtra Public Service Commission (respondent No.1) for the post of Assistant Motor Vehicle Inspector, consequent to an examination held in 1998. The petitioner had applied pursuant to an advertisement in the daily newspaper 'Sanchar' dated 08/05/1998 and was called for an oral interview. However, before the interview commenced, he was found medically unfit and was therefore not allowed to participate. The petition was admitted but no interim relief was granted at the time of granting rule. Subsequently, the name of petitioner No.3 was deleted by an order of the Additional Registrar dated 02/11/2001. The court heard the learned counsel for the petitioner, Mr. S.G. Kudle, and the learned Government Pleader for the respondents, Mr. V.S. Gokhale. The court noted that the petition had been admitted but no interim relief was granted, and no further orders were passed. The selection process had been completed and the petition had become infructuous. Accordingly, the court dismissed the petition with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Challenge to Selection List - Petitioner challenged the selection list for the post of Assistant Motor Vehicle Inspector on the ground that he was found medically unfit before the oral interview - The petition was admitted but no interim relief was granted - The name of petitioner No.3 was deleted by order of Additional Registrar dated 02/11/2001 - The petition was dismissed as infructuous as no further orders were passed and the selection process had been completed (Paras 1-6).
Issue of Consideration
Whether the selection list prepared by the Maharashtra Public Service Commission for the post of Assistant Motor Vehicle Inspector is liable to be set aside on the ground that the petitioner was found medically unfit before the oral interview.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Writ jurisdiction under Article 226 and 227 of the Constitution of India
- Medical fitness as a prerequisite for selection
- Dismissal as infructuous
Case Details
2005 LawText (BOM) (08) 228
WRIT PETITION NO.642 OF 1999
R.M.S. KHANDEPARKAR, V. M. KANADE
Mr. S.G. Kudle for the petitioner, Mr. V.S. Gokhale, GP for respondent Nos. 1 and 2
Maharashtra Public Service Commission, through the Deputy Secretary and Examination Controller; The State of Maharashtra
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Nature of Litigation
Writ petition challenging the selection list for the post of Assistant Motor Vehicle Inspector.
Remedy Sought
The petitioner sought to challenge the selection list prepared by the Maharashtra Public Service Commission.
Filing Reason
The petitioner was found medically unfit before the oral interview and was not allowed to participate.
Previous Decisions
The petition was admitted but no interim relief was granted. The name of petitioner No.3 was deleted by order of Additional Registrar dated 02/11/2001.
Issues
Whether the selection list prepared by the Maharashtra Public Service Commission for the post of Assistant Motor Vehicle Inspector is liable to be set aside on the ground that the petitioner was found medically unfit before the oral interview.
Submissions/Arguments
The petitioner argued that he was found medically unfit before the oral interview and therefore could not participate in the selection process.
Ratio Decidendi
The petition had become infructuous as no interim relief was granted and the selection process had been completed. Therefore, the petition was dismissed.
Judgment Excerpts
Heard the learned counsel for the petitioner.
The Petitioner, by this petition, is challenging the selection list, which is prepared by respondent No.1 - Maharashtra Public Service Commission in respect of the post of Assistant Motor Vehicle Inspector consequent to the examination held in 1998 by invoking writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India.
Petition was admitted, however, no interim relief was granted at the time of granting rule.
Brief facts which are necessary for the purpose of deciding this Writ Petition are as under:-
An advertisement appeared in Daily News-paper 'Sanchar' dated 08/05/1998, inviting applications for the post of the Assistant Motor Vehicle Inspectors.
The petitioner, pursuant to the said advertisement, made an application and was called for oral interview. However, before the oral interview commenced, he was found medically unfit and, therefore, he was not allowed to participate in the oral interview.
In the result, the petition is dismissed. No order as to costs.
Procedural History
The petitioner filed a writ petition in 1999 challenging the selection list. The petition was admitted but no interim relief was granted. The name of petitioner No.3 was deleted by order of Additional Registrar dated 02/11/2001. The petition was heard and dismissed on 24th August 2005.
Acts & Sections
- Constitution of India: Article 226, Article 227
