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2021 Supreme(SC) 53

L. NAGESWARA RAO, INDU MALHOTRA, VINEET SARAN
GAJANAN BABULAL BANSODE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Anand Dilip Landge, AOR
For the Respondent(s): Mr. Ravindra Keshavrao Adsure, AOR Mr. Sidheshwar Namdev Biradar, Adv. Mr. Yash Prashant Sonavane, Adv. Mr. M. N. Rao, Sr. Adv. Mr. M. Y. Deshmukh, AOR Mr. R. Basant, Sr. Adv. Ms. Manjeet Kirpal, AOR Mr. Sachin Patil, AOR

ORDER :

INDU MALHOTRA, J.

1. The Government of Maharashtra issued a requisition on 02.06.2016 to the Maharashtra Public Service Commission (“MPSC”) to conduct the Limited Departmental Competitive Examination(“LDCE”) for selection of candidates to the post of Police Sub Inspector.

2. The Home Department, Government of Maharashtra vide Government Circular dated 27.06.2016 notified 828 vacancies, out of which 642 were from the open category, and 186 were from various reserved categories, for promotion to the post of Police Sub-Inspector through the LDCE-2016.

3. The selection was governed by the provisions of the Police Sub-Inspector (Recruitment) Rules, 1995. The relevant Rules are extracted hereunder:

    “Rule 3 : Appointment to the post of Sub-Inspector of Police in the Police Force in the State of Maharashtra shall be made either:

    (a) by promotion of a suitable person on the basis of seniority subject to fitness from amongst the persons holding the posts of Havaldar and Assistant Police Sub-Inspector in the Police Force who have completed not less than five years continuous regular service or seven years broken service and who qualify in the departmental examination held by the Director Ge

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