Case Note & Summary
The petitioner, Nitin Mahavir Sharma, applied for the post of Technician Grade III with the Maharashtra State Power Generation Company Limited. The original last date for submission of applications was 10.09.2014. However, the respondent extended the last date to 20.09.2014 for certain candidates undergoing in-house training at three Training Centres. The online recruitment agency, however, displayed the extended date generally without indicating any restriction. The petitioner, who was awaiting the result of a Trade Test conducted by the Directorate of Vocational Education and Training, applied on 20.09.2014, the extended date. The respondent initially allowed the petitioner to participate in the selection process but later rejected his candidature on the ground that his application was belated, as the extension was only for in-house trainees. The petitioner filed a writ petition challenging this rejection. The court noted that the respondent had permitted the petitioner to participate in the selection process, and that the online portal had misled the petitioner. The court also observed that there were 17 vacancies, of which only 14 were filled, and one post from the OBC category was directed to be kept vacant by an earlier court order. The court held that the respondent could not reject the petitioner's application when the online portal displayed the extended date without restriction, and the petitioner had applied within that date. The court allowed the petition, directing the respondent to consider the petitioner's candidature for the vacant post of Technician Grade III in the OBC category, subject to the petitioner fulfilling all other eligibility criteria.
Headnote
A) Service Law - Recruitment - Extension of Last Date - Legitimate Expectation - The respondent extended the last date for submission of applications from 10.09.2014 to 20.09.2014 for certain in-house trainees, but the online recruitment agency displayed the extended date generally without restriction - The petitioner, an open market candidate, applied on 20.09.2014 relying on the online portal - Held that the respondent cannot reject the petitioner's application as belated when the online portal misled him into believing the extended date applied to all candidates, and the respondent permitted him to participate in the selection process (Paras 2-5).
Issue of Consideration
Whether the petitioner's candidature for the post of Technician Grade III can be rejected on the ground of belated application when the respondent's recruitment agency erroneously displayed an extended last date on the online portal, and the petitioner applied within that extended date.
Final Decision
The court allowed the writ petition and directed the respondent to consider the petitioner's candidature for the vacant post of Technician Grade III in the OBC category, subject to the petitioner fulfilling all other eligibility criteria.
Law Points
- Doctrine of legitimate expectation
- Estoppel by conduct
- Extension of last date for application must be uniformly applicable unless expressly restricted
- Online recruitment portal must accurately reflect eligibility criteria
