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2025 Supreme(Bom) 519
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V. Ghuge, Ashwin D. Bhobe, JJ.
Makarand Vijay Pujari - Petitioner
Versus
The State of Maharashtra, Through its Principal Secretary, Urban Development Department - Respondent
Writ Petition No. 19518 of 2024
Decided On : 02-04-2025
Mr. Vinayak Hon, Sr. Advocate a/w Mr. Suraj Gadkari, Advocate for the Petitioner.
Mr. P.P. Kakade, Addl. G.P. a/w Ms. Nisha Mehra, AGP for the Respondent No.1/State.
Mr. S.V. Gavand, Advocate for the Respondents/Corporation.
Candidates must possess eligibility qualifications by the application deadline, and false statements in applications lead to disqualification.
Headnote:
(A) Constitution of India - Article 226 - Writ of Certiorari and Mandamus - The Petitioner sought to quash the decision of the Deputy Commissioner regarding his application for the post of Women and Child Welfare Officer, citing lack of requisite qualifications as per the advertisement. The Court noted that the Petitioner falsely claimed qualifications in his application, which led to the rejection of his application. (Paras 4, 20, 24)
(B) Employment Law - Eligibility Criteria - The Court emphasized that candidates must possess the eligibility qualifications by the last date specified in the application process, and any false statements in the application can lead to disqualification. (Paras 20, 21)
(C) Judicial Review - The Court reiterated that it cannot interfere with the employer's discretion in determining qualifications for a post, as this falls within the purview of the appointing authority. (Paras 21, 22)
Facts of the case:
The Petitioner applied for the post of Women and Child Welfare Officer but was informed that his application was rejected due to not meeting the qualifications, including a degree in law. The Petitioner falsely stated qualifications in his application form.
Findings of Court:
The Court found that the Petitioner did not possess the required qualifications and had made false statements in his application.
Issues: The main issues were whether the Petitioner met the qualifications for the post and the implications of false statements in the application.
Ratio Decidendi: The Court ruled that eligibility must be established by the last date for applications, and false claims disqualify candidates. The employer's discretion in setting qualifications cannot be overridden by the Court.
Result: Writ Petition dismissed.
JUDGMENT
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner has put forth Prayer Clauses (B) and (C), as under :-
B. Issue a writ of certiorari or writ in the like nature and quash and set aside the impugned decision/communication/order dated 11.10.2024 passed by Deputy Commissioner (Headquater), Panvel Municipal Corporation.
C. Issue a writ of mandamus or writ in the like nature directing the respondents to grant appointment order on the post of Women and Child Welfare Officer, Group in the establishment of Panvel Municipal Corporation in view of the advertisement bearing No. PMC/ Establishment/2923/Pra. Ka. 13/662/23 dated 12.07.2023 published by Panvel Municipal Corporation through its Commissioner.
3. On 14th February, 2025, when the submissions of the learned Advocates for the respective sides had concluded, we had passed the following order :-
“1. We have extensively heard the submissions of the learned Senior Advocate Mr. Vinayak Hon, with Mr. Suraj Gadkari and Vignesh Ashokan, for the Petitioner and the learned Advocate Mr. Gavand, on behalf of the Corporation. The oral submissions have been concluded.
2. We have three queries on which the learned Advocate Mr. Gavand would take instructions in due consultation with the Commissioner of the Municipal Corporation. These three queries are as under:
a) Whether the Corporation is accepting the candidature of those Applicants whose LLB qualifications are two years LLB General Graduate.
b) Whether the Corporation is uniformly sticking to the acceptance of the applications only if the candidate has passed the three years or five years LLB course.
c) The extension of the cut-off date for making application, which earlier was 17th July, 2023, was extended to 15th September, 2023. The Mumbai University declared its LLB results on 30th August, 2023, thereby giving advantage to the students who had time between 31 August, 2023 to 15th September, 2023 to file their applications, on the basis of such results. In which case, whether this advantage can be given to the present Petitioner?
3. Since the learned Senior Advocate for the Petitioner has a personal difficulty, on his request, we are placing this Writ Petition at 2.30 P.M. on 24th February 2025.”
4. By the impugned communication dated 11th October, 2024, the Petitioner was informed by the Corporation that his representation seeking consideration for the post of Women and Child Development Officer, does not deserve to be considered for the 14 reasons that are set out in the impugned order. It is in the above backdrop that we have considered the extensive submissions of the learned Advocates on 14th February, 2025 and 11th March, 2025.
5. The Panvel Municipal Corporation Service (Service Entry and Service Classification) Rules, 2022, were introduced on 10th October, 2022. Appendix–II to the said Government Resolution, specifies the post and the requisite qualifications for appointment to the said post. Item No.41 pertaining to Women and Child Development Officer’s Post falling in Class-II, Administrative Service, requires the following prerequisite qualifications.
6. What is relevant for deciding the present case of the Petitioner, is the required qualification of having a Degree in the law faculty, knowledge of Marathi language and three years experience in any government or semi government institution in the Administrative Capacity.
7. There is no dispute that the Petitioner can read and write in Marathi and has sufficient knowledge of the language. Insofar as having three years Administrative experience, the Executive Director of Quest - Center for Innovation, Planning and Evaluation, Tribal Development Department (TDD), Government of Maharashtra, under the Tribal Research Training Institute (TRTI), Pune, has issued a certificate stating that the Petitioner was working as a Consultant for Education with Quest, from 2nd July, 2020 to 30th November, 2022 and as a Joint
