Case Note & Summary
The petitioner, Sushant Suresh Salvi, filed a writ petition under Article 226 of the Constitution of India challenging the selection process for the post of Police Constable (Driver) conducted by the Maharashtra Public Service Commission (MPSC) in 2016. The petitioner had applied for the post and participated in the physical endurance test and viva voce. He was not selected, and he alleged that the physical endurance test was not conducted properly, that the viva voce marks were arbitrarily awarded, and that there were irregularities in the selection process. The respondents, including the State of Maharashtra, MPSC, and the Director General of Police, denied the allegations and contended that the selection was conducted fairly and in accordance with the rules. The court examined the pleadings and the records produced by the respondents. It noted that the physical endurance test was conducted by a committee of experts and that the petitioner had not pointed out any specific irregularity in the conduct of the test. Regarding the viva voce, the court observed that the interview board consisted of senior officers and that the marks were awarded based on the candidate's performance. The court held that the scope of judicial review in such matters is limited and that the petitioner had failed to establish any malafides or violation of principles of natural justice. Consequently, the court dismissed the petition, upholding the selection process.
Headnote
A) Service Law - Police Recruitment - Physical Endurance Test - Challenge to Selection Process - Petitioner alleged that the physical endurance test was not conducted properly and that the viva voce marks were arbitrarily awarded - Court held that the selection process was conducted in accordance with the rules and there was no material to show any malafides or procedural irregularity - Held that the court cannot sit in appeal over the assessment of physical fitness and oral interview by the expert committee (Paras 10-25). B) Service Law - Police Recruitment - Viva Voce - Evaluation of Candidates - Petitioner claimed that the viva voce was not conducted fairly and that the marks were not properly recorded - Court observed that the viva voce was conducted by a duly constituted board and the marks were awarded based on performance - Held that in the absence of any specific allegation of bias or arbitrariness, the court cannot interfere with the subjective assessment of the interview board (Paras 26-35). C) Service Law - Police Recruitment - Judicial Review - Scope of Interference - The court reiterated that the scope of judicial review in matters of selection and recruitment is limited to examining whether the process was vitiated by illegality, irrationality, or procedural impropriety - Held that the petitioner failed to make out a case for interference under Article 226 of the Constitution of India (Paras 36-40).
Issue of Consideration
Whether the selection process for the post of Police Constable (Driver) conducted by the Maharashtra Public Service Commission was vitiated by irregularities in the physical endurance test and viva voce, and whether the petitioner was entitled to a re-test or re-evaluation.
Final Decision
The writ petition is dismissed. The selection process for the post of Police Constable (Driver) conducted by the Maharashtra Public Service Commission is upheld.
Law Points
- Judicial review of selection process limited to procedural irregularities
- burden of proof on petitioner to establish malafides
- no interference with expert evaluation in physical tests and viva voce
- principles of natural justice not violated if no prejudice shown
