Case Note & Summary
The petitioners, six individuals belonging to reserved categories (Scheduled Caste), were included in a select list prepared by the Municipal Corporation of Greater Mumbai (MCGM) on 5 April 2013 pursuant to an advertisement dated 4 January 2013 for the post of Junior Engineer (Civil). The advertisement had notified 294 vacant posts, including 47 for Scheduled Caste candidates. The petitioners appeared for an online examination on 10 February 2013 and were placed in the select list. However, instead of filling the vacancies from this select list, the MCGM issued a fresh advertisement on 12 May 2015 for the same posts, without any explanation for not utilizing the earlier select list. The petitioners filed a writ petition on 26 May 2015 challenging the fresh advertisement. The MCGM filed a reply on 10 July 2015, resisting the claim. The court considered the submissions of both sides. The petitioners argued that the fresh advertisement was arbitrary and violated their legitimate expectation, as they had already been selected and were awaiting appointment. The MCGM contended that the select list had expired or that there were administrative reasons for issuing a fresh advertisement, but failed to provide any valid justification. The court held that a public authority cannot ignore a valid select list and issue a fresh advertisement without any reason, as it would be arbitrary and defeat the legitimate expectation of the candidates. The court allowed the writ petition, quashed the fresh advertisement dated 12 May 2015, and directed the MCGM to consider the petitioners from the select list and fill the vacancies accordingly. The court also made the rule absolute and disposed of the petition.
Headnote
A) Service Law - Recruitment - Select List - Legitimate Expectation - The petitioners, belonging to reserved category and included in the select list dated 5 April 2013, challenged the fresh advertisement dated 12 May 2015 for the same posts without exhausting the earlier select list - The Court held that the Corporation cannot ignore the select list and issue a fresh advertisement without any valid justification, as it defeats the legitimate expectation of the candidates who were already selected - The Court directed the Corporation to consider the petitioners from the select list and fill the vacancies accordingly (Paras 2-6).
Issue of Consideration
Whether the Municipal Corporation of Greater Mumbai could issue a fresh advertisement for the posts of Junior Engineer (Civil) without first exhausting the select list prepared pursuant to an earlier advertisement, particularly in respect of reserved category candidates.
Final Decision
The writ petition is allowed. The advertisement dated 12 May 2015 is quashed. The MCGM is directed to consider the petitioners from the select list dated 5 April 2013 and fill the vacancies accordingly. Rule made absolute.
Law Points
- Reserved category candidates have legitimate expectation to be considered from select list
- Public authority cannot ignore select list without valid reason
- Fresh advertisement without exhausting select list is arbitrary
