In a PIL regarding alleged irregularities in recruitment for police posts, the High Court disposed of the petition after accepting the affidavit of the Police Surgeon regarding the procedure and appointees taking charge.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.123 2010
Bharat Maruti Lotale ...Petitioner
vs.
The State of Maharashtra & Ors. ...Respondents
Mr.B.G.Tangsali i/b Ms Prabha Badadare i/b Omkar
Gopal Nagaveke for the petitioner
Mr. V.S.Gokhale, AGP for the respondent Nos.1,2 and
5.
CORAM : A.S.OKA, &
A.K.MENON, JJ.
DATE : JANUARY 9, 2015
P.C.:
1Heard the learned counsel for the petitioner
and the learned AGP for the respondents. The
learned counsel for the petitioners states that
after rejoinder was filed in November 2010, the
petitioner has not contacted him.
2An advertisement was published by the Police
Surgeon, Mumbai in local newspapers inviting
applications for making appointments to the post of
Mortuary Assistant, Peon, Dead Body Cutter, Mortuary
Servant and Sweeper. In the said Advertisement,
total 20 posts were advertised. The grievance in
this petition is as regards alleged irregularities
and illegalities committed by the concerned
respondents while filling in the said posts. A
prayer is made for holding an enquiry against the
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respondent Nos.3 to 5 and also for directing the
Anti Corruption Bureau and State CID to hold an
enquiry.
3There is an affidavit in reply filed on 30th
June 2010 by Shri S.M.Patil, the Police Surgeon who
is the respondent No.3. In paragraph 4 of the said
affidavit, elaborate procedure followed for
recruitment has been set out. It is stated that the
posts which have been filled in were sanctioned by
the Department of Home, Government of Maharashtra.
As far as reserved posts are concerned, sanction has
been taken from the Backward Class Cell. Total 2153
applications were received apart from the 314
applications forwarded by the Employment Exchange.
Total 1706 candidates who were found to be eligible
were called for the written test. Only 842
candidates presented themselves for the written
test. The ratio of posts and candidates for
interviews was maintained as 1 : 6. The marks
assigned for written test were given weightage of
75% and the marks of interview were given 25%
weightage. Selection list and waiting list were
prepared and notified. It is claimed that the
entire record regarding the recruitment process is
available with his office. An objection was raised
for entertaining a PIL in service matters based on
various decisions of the Apex Court.
4After having perused the said affidavit and
rejoinder filed by the petitioner, we find that no
interference is required to be made in this PIL. In
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the affidavit in reply, apart from setting out the
procedure followed, objections raised by the
petitioners in case of individual candidate have
been elaborately dealt with by the Police Surgeon.
It is stated that the Appointment Orders have been
already issued and the Appointees have taken charge.
We accept the statements made in the affidavit of
the Police Surgeon.
5In the circumstances, we dispose of the
petition by accepting the statements made by the
Police Surgeon.
Bharat Maruti Lotale
The State of Maharashtra
Shri S.M. Patil
A.S. Oka
A.K. Menon
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court