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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANGESH S. PATIL, PRAFULLA S. KHUBALKAR, JJ.
Akshay Rajendra Khomne Patil – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(Per : Prafulla S. Khubalkar, J.)
1. Rule. Rule made returnable forthwith. By consent of the respective parties, the petitions are taken up for final hearing.
2. These petitions, under Article 226 of the Constitution of India, deal with common grievance of the petitioners who have impugned the decision of respondent Nos.2/MAHAGENCO and 3/MSEDCL, declaring each of them ineligible for the posts of ‘Additional Executive Engineer’ and ‘Deputy Executive Engineer’, on account of absence of requisite experience of working at ‘Independent Power Producer’ (IPP). Since the grievance of these petitioners is identical raising similar challenge against respondent Nos.2 and 3, all these three petitions are heard and decided together.
3. The factual set up is succinctly put herewith. The Maharashtra State Power Generation Company Limited (MAHAGENCO) the respondents no.2 published an advertisementNo.09/2022, dated 09/10/2022 inviting applications for the posts of ‘Executive Engineer’, ‘Additional Executive Engineer’ and ‘Deputy Executive Engineer’. The advertisement contained details about the eligibility including the qualifications and experience required for the respective posts. In resp
The employer has the final authority to determine eligibility criteria for employment, and experience from a non-IPP entity cannot be considered valid for the purpose of recruitment.
Adherence to original eligibility criteria specified in the advertisement and the entitlement of the appellant, belonging to the OBC category, to relief.
The court upheld that eligibility criteria for employment must be strictly adhered to, and ambiguity in advertisements should favor candidates only when clearly warranted.
The court ruled that altering eligibility criteria during a recruitment process violates principles of fairness, and candidates cannot retroactively challenge such conditions once participated in sel....
The employer cannot declare a candidate ineligible after fulfilling advertised qualifications; experience from a connected commercial organization is valid despite differing employee distribution acr....
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
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