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IN THE HIGH COURT OF BOMBAY AT GOA
BHARATI DANGRE, NIVEDITA P. MEHTA, JJ
Rajat Uday Naroji – Appellant
Versus
State of Goa, Through the Home Secretary – Respondent
JUDGMENT :
Nivedita P.Mehta, J.
1. Rule. Rule is made returnable forthwith with the consent of and at the request of the learned counsel for the parties.
2. The instant petition has been filed against the non-selection of the petitioner to the post of Sub-Inspector vide selection list dated 02.12.2022 (hereinafter referred to as 'Impugned Selection List'). The petitioner has prayed for the quashing and setting aside the selection of respondent no.4 and respondent no. 5 vide the Impugned Selection List as well as for directions to respondent no. 2 and respondent no. 3 to appoint him as Police Sub-Inspector in the Goa Police Department.
3. Briefly, the facts of the instant petition are that respondent no.3 published an advertisement dated 28.03.2021 inviting applications for the post of Police Sub-Inspector to fill up 145 vacancies, which were segregated into separate sets of vacancies for Male and Female applicants, 122 and 23 in number, respectively.Out of the 145 vacancies, 58 were to be filled up from the Unreserved Category, 2 from the Scheduled Caste (SC), 17 from the Scheduled Tribe (ST), 5 from the Economically Weaker Sections (EWS), 40 from Other Backward Classes (OBC), 5 for ex
Eligibility for public employment must be determined as of the cut-off date specified in the recruitment advertisement, and late issuance of qualifications does not confer eligibility.
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
A candidate's eligibility should not be disregarded based on the absence of an original degree certificate if valid proof of graduation, such as a Grade Card, is submitted before the application dead....
The judgment emphasized the importance of fixed cut-off dates for determining eligibility and the need for candidates to possess the requisite qualification on or before the last date for submitting ....
Eligibility criteria for recruitment cannot be altered mid-process, as it undermines fairness and transparency, violating established legal principles.
Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
Advertisement specifies securing of qualifying marks by the candidates, but it does not prescribe what would be the qualifying marks in each of the segments for selection of the candidate for the pos....
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
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