Respondent remeasured at 165.2 cm; height disqualification withdrawn. Liberty granted to appear for physical test thereafter; appointment to follow upon successful completion.
Liberty to appear for physical test; if successful, marks consolidated for appointment recommendation.
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.
11-WP.199.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 199 OF 2020
The Secretary, Maharashtra } Public Service Commission } Petitioner Versus Shri.Sandeepkumar S. } Nalavade } Respondent
Mr.S.R.Ganbavale for the petitioner.
Mr.Gaurav Bandiwadekar i/b. Mr.Bhushan A. Bandiwadekar for the respondent.
CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.
DATE :- JULY 30, 2021
PC :-
1. Pursuant to our order dated 13th July 2021, the height of the respondent has been remeasured. On such remeasurement, the respondent has been found to stand 165.2 cm. tall. In view thereof, we hold that the respondent could not have been disqualified for consideration of his candidature for appointment on the post of Sub-Inspector of Police on the ground of deficiency in the criteria relating to height.
2. However, Mr.S.R.Ganbavale, learned advocate for the petitioners has placed before us a communication dated 28th July 2021 of the Secretary, Maharashtra Public Service
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Commission informing the respondent that he is required to now present himself for a physical test and that further procedure would be undertaken to consider his candidature for the said appointment. The communication dated 28th July 2021 is taken on record.
3. We grant liberty to the respondent to appear for the physical test as and when he is duly notified. We are informed by Mr.S.R.Ganbavale that the procedure for selection requires the respondent to succeed in the physical test, whereupon the marks obtained by him in the written examination as well as the interview would be consolidated; and upon such consolidation, if it is found that the respondent has secured marks more than the last recommended candidate for appointment on the post of Sub-Inspector of Police, the Commission shall proceed to recommend the respondent’s name for appointment to the State of Maharashtra.
4. The statement of Mr.S.R.Ganbavale is accepted. We have no doubt in our mind that depending upon the result of the physical test, further steps to complete the selection process shall be taken as recorded above.
5. Needless to observe that if a recommendation for the respondent’s appointment is received, the State Government shall waste no time to offer appointment to him. However, if the respondent does not merit a recommendation for appointment on any score, a written intimation containing the reason(s) therefor shall be sent to the respondent by the petitioners.
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6. The writ petition stands disposed of with the aforesaid directions. There shall be no order as to costs.
Digitally signed by SALUNKE SALUNKE J V J V Date: 2021.08.02 18:36:04 +0530
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3 issues framed by the court
Whether the respondent failed to meet height criteria for the post of Sub-Inspector of Police.
Whether the procedure under Rule 8(8) of the M.P.S.C. Recruitment Rules is compliant.
Whether the petitioner has the authority to call the respondent for a physical test after withdrawal of the height bar.
The Secretary, Maharashtra Public Service Commission
Shri. Sandeepkumar S. Nalavade
DIPANKAR DATTA
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
