Case Note & Summary
The State of Maharashtra, through its Additional Chief Secretary, Home Department, along with the Maharashtra Public Service Commission (MPSC) and other police authorities, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 15/3/2011 passed by the Maharashtra Administrative Tribunal, Mumbai Bench. The Tribunal had allowed the Original Applications (O.A. No. 1235 of 2010 and 1265 of 2010) filed by five police constables/naiks (Deepak Namdev Jagtap, Vitthal Murlidharrao Wachaure, Sopan Kashiram Kadam, Santosh Shamrao Dhanlagade, and Harischandra Govind Pansare) who had appeared for the Limited Departmental Examination conducted by the MPSC in 2006 for selection to the post of Police Sub-Inspector (PSI). The State had initiated the selection process to fill 533 vacancies of PSI. The respondents qualified in the written examination and were called for physical and oral tests. However, by a communication dated 10/11/2010, the State directed the Director General and Inspector General of Police to submit recommendations of candidates in order of merit only to the extent of notified posts and stated that no wait list shall be maintained. The respondents challenged this communication before the Tribunal, which quashed it and directed the State to maintain a wait list. The State then filed the present writ petition. The High Court, after hearing the parties, dismissed the petition, upholding the Tribunal's order. The Court held that the State's action in issuing the communication was arbitrary and that the State cannot restrict the select list to the number of notified vacancies when candidates have qualified in the examination. The Court directed the State to maintain a wait list and consider the respondents for appointment as per their merit.
Headnote
A) Service Law - Recruitment - Wait List - Limited Departmental Examination - The State Government's communication dated 10/11/2010 directing that no wait list be maintained for the post of Police Sub-Inspector was challenged by candidates who had qualified in the examination. The Tribunal quashed the communication, and the High Court upheld the Tribunal's order, holding that the State cannot arbitrarily restrict the select list to the number of notified vacancies and must maintain a wait list for candidates who have qualified. (Paras 1-10) B) Constitutional Law - Article 226 - Writ Jurisdiction - The High Court, in exercise of its writ jurisdiction under Article 226 and 227 of the Constitution of India, upheld the order of the Maharashtra Administrative Tribunal, finding no infirmity in the Tribunal's decision. (Paras 1, 10)
Issue of Consideration
Whether the State Government can issue a communication directing that no wait list be maintained for the post of Police Sub-Inspector, thereby restricting the select list to the number of notified vacancies, and whether such action is arbitrary and violative of the principles of natural justice.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal dated 15/3/2011. The Court directed the State to maintain a wait list for the post of Police Sub-Inspector and consider the respondents for appointment as per their merit.
Law Points
- Administrative law
- Recruitment
- Wait list
- Limited Departmental Examination
- Police Sub-Inspector
- Maharashtra Administrative Tribunal
- Article 226
- Article 227
