Case: GAJANAN BABULAL BANSODE &amp; ORS Vs. STATE OF MAHARASHTRA &amp; ORS

Court in W.P. No. 3555/2019 Nivrathi Venkatrao Gitte v. State of Maharashtra, wherein the same G.R. dated 22.04.2019 had been challenged. The High Court had directed that the process of selection may proceed, but would be subject to the results of the Writ Petition. 11. Aggrieved by the Order dated 30.11.2019, the Original Applicants / Petitioners herein filed W.P. No. 15045 of 2019 before the Bombay High Court, Aurangabad Bench. The Bombay High Court rejected the Writ Petition, and the prayer to maintain status quo with respect to the 636 additional candidates who were directed to be appointed. The High Court declined to determine whether the G.R. dated 22.04.2019 had been issued in extraordinary circumstances as provided by Rule 5, since the O.A. was pending adjudication before the Tribunal. The High Court however issued a direction to the State Government to send the additional 636 candidates for the training of 9 months; and, requested the Tribunal to dispose of the pending O.A. within the same period, so that prior to the posting / appointment orders being issued in favour of the additional candidates, the O.A. would be decided. 12. We have heard Mr. Vinay Navare, Senior Advocate for the Appellants, Mr. Sachin Patil, Advocate-on-record for the RespondentState of Maharashtra, Mr. Ravindra Adsure for the Caveators, and Mr. R. Basant, Senior Advocate and Mr. M. N. Rao, Senior Advocate for the Intervenors. With the consent of parties, we are disposing of the Appeal at the admission stage. 13. Article 320(3)(a) of the Constitution of India provides that the Union Public Service Commission, or the State Public Service Commission shall be consulted on all matters relating to methods of recruitment to civil services, and for civil posts. In the present case, we find that the State of Maharashtra has issued the impugned G.R. dated 22.04.2019, without any consultation or prior approval by the MPSC, which is evident from the letter dated 11.07.2019 issued by the MPSC to the Government, expressing its disapproval of the decision taken by the Government unilaterally to make these appointments without any consultation. 14. Rule 5 of the Police Sub-Inspector (Recruitment) Rules, 1995 provides that notwithstanding anything contained in these rules, if in the opinion of the Government, the exigencies of service require, the ratio prescribed for appointment by promotion, on the basis of Limited Departmental Examination or nomination, may be relaxed with the prior consultation of the Commission. The Government would be required to establish before the Tribunal as to whether there were any extra-ordinary circumstances which have warranted the exercise of power under Rule 5, which may be resorted to only in rare and exceptional circumstances. 15. The impugned G.R. seeks to fill up double the number of vacancies which were notified for the LCDE – 2016 by the Circular dated 27.06.2016. It is well-settled in service jurisprudence that the authority cannot fill up more than the notified number of vacancies advertised, as the recruitment of candidates in excess of the notified vacancies, would be violative of Articles 14 and 16 (1) of the Constitution of India. 16. The Tribunal has vacated the Order of status quo dated 18.10.2019, on the ground that two of the Applicants had participated in the examination, but failed to qualify. This could not be a justifiable ground to vacate the interim Order, since the promotional prospects of the Petitioners would be seriously prejudiced, since a block of 636 additional candidates would be appointed as Police Sub-Inspectors over and above the Applicants. 17. The other ground on which the Tribunal has vacated the Interim Order is stated in para 17 of the Order that the Applicants had not challenged the G.R. dated 22.4.2019. This is an erroneous observation which would be evident from the prayers in the O.A. which are set out hereunder for ready reference: - (A) Original Application may kindly be allowed by directing the Respondents to undertake recruitment strictly as per PSI Recruitment Rules, 1995, without any deviation therefrom (B) The recruitment by promotion of as many as 636 candidates sought to be made vide Govt. Resolution dated 22.4.2019, may kindly be quashed and set aside, the same being contrary to Recruitment Rules as well as binding precedent of the Honble Apex Court. € Pending hearing and final disposal of this Application, the Respondents No.1 to 3 may kindly be directed not to take any further action in furtherance of the impugned Govt. Resolution dated 22.4.2019. (D) Pending hearing and final disposal of this Application, the Respondents No.1 to may kindly be directed to maintain status quo in respect of 636 candidates sought to be appointed by promotion, under the Impugned Govt. Resolution dated 22.4.2019. € Any other suitable and equitable relief to which applicants are entitled to and this Honble Tribunal deems appropriate, may kindly be granted in their favour. (emphasis supplied) In view thereof, the said observation cannot be a ground for vacating the interim order of stay granted vide Order dated 18.10.2019. 18. The third ground on which the Tribunal has vacated the Interim Order was that in similar O.As challenging the same G.R. dated 22.4.2019, including O.A. No. 455 of 2019 filed before the Principal Bench, the Applicants in those cases had withdrawn their respective cases, since they were desirous of pursuing their representations with the State Government. This could also not be a justifiable ground for vacating the Order of status quo merely because other parties had chosen to withdraw their O.A. for their own reasons. 19. We find that the High Court in the present Writ Petition has issued a direction to the State to send the additional list of 636 candidates for training of 9 months during the pendency of proceedings before the Tribunal. We are of the view that such a direction ought not to have been passed in the Writ Petition filed by the present Petitioners, who are aggrieved by the impugned Government Resolution No. Police -1818/ File 355/Pol 5A dated 22.04.2019, which is the subject matter of challenge.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]With the consent of parties, we are disposing of the Appeal at the admission stage.In the present case, we find that the State of Maharashtra has issued the impugned G.R. dated 22.04.2019, without any consultation or prior approval by the MPSC, which is evident from the letter dated 11.07.2019 issued by the MPSC to the Government, expressing its disapproval of the decision taken by the Government unilaterally to make these appointments without any consultation.The Government would be required to establish before the Tribunal as to whether there were any extra-ordinary circumstances which have warranted the exercise of power under Rule 5, which may be resorted to only in rare and exceptional circumstances.15. The impugned G.R. seeks to fill up double the number of vacancies which were notified for the LCDE – 2016 by the Circular dated 27.06.2016. It is well-settled in service jurisprudence that the authority cannot fill up more than the notified number of vacancies advertised, as the recruitment of candidates in excess of the notified vacancies, would be violative of Articles 14 and 16 (1) of the Constitution of India.16. The Tribunal has vacated the Order of status quo dated 18.10.2019, on the ground that two of the Applicants had participated in the examination, but failed to qualify.This could not be a justifiable ground to vacate the interim Order, since the promotional prospects of the Petitioners would be seriously prejudiced, since a block of 636 additional candidates would be appointed as Police Sub-Inspectors over and above the Applicants.17. The other ground on which the Tribunal has vacated the Interim Order is stated in para 17 of the Order that the Applicants had not challenged the G.R. dated 22.4.2019.This is an erroneous observation which would be evident from the prayers in the O.A. which are set out hereunder for ready reference: -(A) Original Application may kindly be allowed by directing the Respondents to undertake recruitment strictly as per PSI Recruitment Rules, 1995, without any deviation therefrom(B) The recruitment by promotion of as many as 636 candidates sought to be made vide Govt. Resolution dated 22.4.2019, may kindly be quashed and set aside, the same being contrary to Recruitment Rules as well as binding precedent of the Honble Apex Court.€ Pending hearing and final disposal of this Application, the Respondents No.1 to 3 may kindly be directed not to take any further action in furtherance of the impugned Govt. Resolution dated 22.4.2019.(D) Pending hearing and final disposal of this Application, the Respondents No.1 to may kindly be directed to maintain status quo in respect of 636 candidates sought to be appointed by promotion, under the Impugned Govt. Resolution dated 22.4.2019.€ Any other suitable and equitable relief to which applicants are entitled to and this Honble Tribunal deems appropriate, may kindly be granted in their favour.In view thereof, the said observation cannot be a ground for vacating the interim order of stay granted vide Order dated 18.10.2019.18. The third ground on which the Tribunal has vacated the Interim Order was that in similar O.As challenging the same G.R. dated 22.4.2019, including O.A. No. 455 of 2019 filed before the Principal Bench, the Applicants in those cases had withdrawn their respective cases, since they were desirous of pursuing their representations with the State Government.This could also not be a justifiable ground for vacating the Order of status quo merely because other parties had chosen to withdraw their O.A. for their own reasons.19. We find that the High Court in the present Writ Petition has issued a direction to the State to send the additional list of 636 candidates for training of 9 months during the pendency of proceedings before the Tribunal.We are of the view that such a direction ought not to have been passed in theWrit Petition filed by the present Petitioners, who are aggrieved by the impugned Government Resolution No. Police -1818/ File 355/Pol 5A dated 22.04.2019, which is the subject matter of challenge.