Case Note & Summary
The petitioner, Vijay Balbhim Pawar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging the order dated 29th August 2002 passed by the Maharashtra Administrative Tribunal in Original Application No. 298 of 2001. The petitioner sought a writ of mandamus directing the respondents to consider his claim for the post of police constable. The petitioner's father was a retired police constable. In 1992, the petitioner applied for recruitment as a police constable. He was found suitable in the written test and called for an interview, where he secured only 16 marks out of 50, which was one mark less than the passing marks of 17. The petitioner alleged that he was deliberately allotted one mark less and that he was entitled to grace marks because he had won a gold medal in Judo-Karate at a National Karate Championship held at Kareem Nagar, Andhra Pradesh. He made representations to various authorities but his claim was not accepted. The Maharashtra Administrative Tribunal dismissed his original application. The High Court considered the submissions of the petitioner's counsel, Mr. S.G. Kudle, and the respondents' counsel, Mr. P.P. Kakade, AGP. The court noted that the petitioner had not produced any rule or policy providing for grace marks for sports achievements in the recruitment process. The selection committee had not awarded any grace marks, and the court found no mala fides or arbitrariness in the selection process. The court held that the petitioner failed to secure the minimum qualifying marks and therefore was not eligible for appointment. The writ petition was dismissed with no order as to costs.
Headnote
A) Service Law - Recruitment - Police Constable - Selection Process - Petitioner failed to secure minimum qualifying marks (17 out of 50) in interview - Claim for grace marks based on gold medal in Judo-Karate not supported by any rule or policy - Held that in absence of any provision for grace marks, the selection committee's decision to not award grace marks cannot be interfered with (Paras 2-4). B) Administrative Law - Writ of Mandamus - Scope - Petitioner sought direction to consider his claim for appointment - Court found no merit in the challenge as the selection process was not shown to be arbitrary or mala fide - Held that writ of mandamus cannot be issued to compel appointment when the candidate did not meet the prescribed criteria (Paras 5-6).
Issue of Consideration
Whether the petitioner is entitled to grace marks for his sports achievements in Judo-Karate and whether the selection process was vitiated by mala fides or arbitrariness.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Administrative Law
- Service Law
- Recruitment
- Selection Process
- Grace Marks
- Sports Quota
- Writ of Mandamus
