High Court Bench at Nagpur dismissed a writ petition challenging the Maharashtra Public Service Commission's shortlisting criteria for Superintending Engineer posts. The Court held the criteria were rational, objective, and did not violate Recruitment Rules or Article 14.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Writ Petition No. 4698/2010
Shri Ravindra Rambhau Akulwar vs. State of Maharashtra and others.
----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders.
Mr. K.H.Deshpande, Senior Counsel with Advocate Mr. M.M.Sudame, for the petitioner. Mr. N.W.Sambre, Govt. Pleader for R-1 and 2. Mr. A.M.Gordey, Senior Counsel with Advocate Mr. A.R.Ingole, Advocate for R-4.
CORAM : V.C.DAGA & A.B.CHAUDHARI,JJ DATE OF RESERVING : 21.12.2010 DATE OF PRONOUNCEMENT: 13 .01.2011
P.C.
Heard the learned counsel for the parties.
2. Perused petition.
of the Constitution of India, is directed against the Judgment and order dated 20.9.2010 passed by the Maharashtra Administrative Tribunal, Mumbai Bench,
Mumbai (“the Tribunal” for short) dismissing Original
2`
Application No. 943/10 filed by the petitioner.
Factual Matrix:
5. Qualification :
Candidates must ---
5.1 : Possess a degree in Electrical Engineering or Electrical and Mechanical Engineering or any other qualification equivalent thereto and thereafter;
3`
5.2 : Possess experience of not less than twelve years as an Electrical Engineer out of which not less than five years shall be in a responsible position in an Electrical or mechanical Engineering Workshop or in generation or transmission or distribution of Electricity or in the administration of the Indian Electricity Act, 1910 and the rules made thereunder.
7. General.
7.1 : x x x x x
7.2 : x x x x x
7.3 : Written objective type test (multiple choice question) will be conducted and followed by interview for selection of candidates to the posts. Marks obtained in the written test will be added to the marks obtained in the interview. However, the Commission at its discretion, may shortlist the applicants for interview based on reasonable criteria i.e. higher qualification and/or experience in place of written test. In case of the written test, the syllabus and medium of question paper and other details for the test shall be displayed on the Commission's Website. Accordingly, the weightage of written tests and interview shall also be displayed.
7.4: Candidates may please note if the number of applications received is not very high, the Commission may shortlist candidates for interview based upon reasonable criteria i.e. qualification/ experience over and above those prescribed without resorting to written test.”
4`
candidates who were shortlisted and called them for interview to be held on 10.6.2010. The petitioner being one of the eligible candidates was also called for interview.
5`
therein dismissed the Original Application vide its Judgment and order dated 20.9.2010 holding that the criteria for short listing adopted by the MPSC was in accordance with the advertisement and law laid down by the Hon'ble Supreme Court. So far as the challenge within regard to the interpretation of the terms “responsible position” canvassed by the petitioner did not find favour.
6`
violated Article 14 of the Constitution of India. So far as the contention vehemently canvassed before the Tribunal with regard to the meaning to be attached to the term “responsible position” is concerned, passing reference in that behalf is made during the course of arguments, however, the petitioner did not pursue this line of argument to persuade this court to accept their contention.
The issue
Parameters for shortlisting.
7`
pronouncements dealing with law relating to short listing.
i) Madhya Padesh Public Service Commission .vs.
Navnit Kumar Potdar and another (1994) 6 Supreme Court Cases, 293,)
ii) Government of A.P. vs. P. Dilip (1993(2) Supreme Court Cases, 310.
iii) B. Ramakichenin @ Balagandhi vs. Union of India and others (2008) 1 Supreme Court Cases, 362;
iv) Mohd. Raizul vs. District and Sessions Judge (2000(2) Mh.L.J. 394.
In the above said Judgments, it is consistently laid down that for valid short listing there have to be two requirements - i) It has to be on some rationale and objective basis; ii) if prescribed method of short listing is mentioned in the Rules or in the advertisement, then that method alone has to be followed.
CONSIDERATION
if one at the cost of repetition turns to the advertisement, it had specifically mentioned that the
9`
Commission at its discretion may shortlist the candidates for interview based on reasonable criteria i.e. higher qualification and/or experience in place of written test.
for shortlisting, now it is necessary to find out as to what is the requirement of the Recruitment Rules 1991 so far as the qualification and experience are concerned. Clause 4 thereof reads as under:
Clause 4 :
(a) by promotion of suitable persons on the basis of selection from amongst the persons holding the post of Executive Engineer (Electrical/ Electrical Inspector having not less than five years service on regular be in the cadre of Executive Engineer (Electrical)/ Electrical Inspector in the organization and possessing qualifications prescribed for appointment by nomination in sub-clause (ii) of clause ( c) of this rule, or
(b) by transfer of a suitable person from any Government Department possessing qualifications prescribed for appointment by nomination in sub-clauses (ii) and (iii) of
10`
clause ( c) of this rule, or
( c) By nomination from amongst candidates who,-
(i) Unless already in the service of Government are not more than forty years of age;
(ii) Possess a degree in Electrical Engineering or Electrical and Mechanical Engineering or any other qualification equivalent thereto:
And
(iii) Possess experience of not less than twelve years as an Electrical Engineer gained after acquiring the qualification mentioned in sub-clause (ii) of this rule out of which not less than five years shall be in a responsible position in an Electrical of Mechanical Engineering Workshop or in generation or transmission or distribution of Electricity or in the administration of the Indian Electricity Act, 1910 and the rules made thereunder.
minimum five years of experience in a responsible position, the MPSC has higher experience of five years experience as Executive Engineer for Degree holder and two years as Executive Engineer for those who possessed Degree in first class.
12`
13`
higher educational merit is recognized with little less experience; whereas in another case educational merit is diluted with higher experience. Both these criterion are based on intelligible rational with object of short listing candidates so as to select best one.
14`
Executive Engineer is prescribed for candidates not having degree in first class cannot be said to be in violation of Rules or Article 14 of the Constitution of India.
JUDGE JUDGE
patle
15`
3 issues framed by the court
Whether the shortlisting criteria adopted by the MPSC violated the Recruitment Rules and Article 14 of the Constitution of India.
Whether the distinction between candidates based on educational merit in the shortlisting criteria was irrational.
Whether the Tribunal was correct in interpreting the term 'responsible position' in the context of the claim.
Colour shows how this judgement treated each authority
Madhya Pradesh Public Service Commission vs. Navnit Kumar Potdar and another (1994) 6 Supreme Court Cases, 293Referred¶15
Government of A.P. vs. P. Dilip (1993(2) Supreme Court Cases, 310Referred¶15
B. Ramakichenin @ Balagandhi vs. Union of India and others (2008) 1 Supreme Court Cases, 362Referred¶15
Mohd. Raizul vs. District and Sessions Judge (2000(2) Mh.L.J. 394Referred¶15
3 provisions across 2 enactments
Shri Ravindra Rambhau Akulwar
State of Maharashtra
V.C.Daga
A.B.Chaudhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
