Case Note & Summary
The petitioner, Mangesh Kondudev Joshi, filed a Writ Petition before the Bombay High Court, Aurangabad Bench, challenging the decision of the Upper Commissioner, Tribal Development, Nashik (respondent No.2) to conduct a written examination for selection of candidates for the post of Primary Teacher (Shikshan Sevak) in Government Ashram Schools and Hostels in certain districts of Maharashtra. The respondent No.2 had issued an advertisement dated 18th February 2014 inviting applications from qualified candidates. The petitioner, who possessed H.S.C., D.Ed. qualifications and had obtained 91 marks (61.07%) in the Teacher Eligibility Test (TET) conducted by the Maharashtra State Council of Examination, Pune, applied for the post. The petitioner contended that the advertisement did not prescribe any written examination for selection, and the respondent No.2 had no authority to introduce such a test at a later stage. The petitioner sought a writ to prevent the respondent from conducting the written examination and to direct the respondent to consider the candidates' merit based on TET marks. The Court, after hearing the parties, allowed the petition, holding that the respondent could not impose a written examination not provided in the rules or advertisement, as it would be arbitrary and unreasonable. The Court directed the respondent to consider the merit and eligibility of candidates on the basis of TET marks and issue appointment orders accordingly.
Headnote
A) Service Law - Recruitment - Written Examination - Imposition of written test not provided in rules or advertisement is arbitrary and unreasonable - The respondent No.2 advertised for recruitment of Primary Teachers without prescribing any written examination; subsequently, the respondent sought to conduct a written test - The Court held that the respondent cannot introduce a new selection criterion not mentioned in the advertisement or rules, as it would be arbitrary and violative of the candidates' legitimate expectation - The Court directed the respondent to consider the merit and eligibility of candidates on the basis of marks obtained in the Teacher Eligibility Test (TET) conducted by the Maharashtra State Council of Examination, Pune (Paras 1-3).
Issue of Consideration
Whether the respondent No.2 can conduct a written examination for selection of candidates for the post of Primary Teacher (Shikshan Sevak) when such examination is not provided in the recruitment rules or the advertisement.
Final Decision
The Court allowed the Writ Petition and directed the respondent No.2 to consider the merit and eligibility of candidates on the basis of marks obtained in the Teacher Eligibility Test (TET) held by the Maharashtra State Council of Examination, Pune, and issue appointment orders accordingly. The respondent was prevented from conducting the written examination.
Law Points
- Administrative law
- Arbitrariness
- Legitimate expectation
- Recruitment rules
- Advertisement binding nature
- Written examination not prescribed
