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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ravindra V.Ghuge, Ashwin D.Bhobe
Sachin Deoram Sable – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent
JUDGMENT :
Ashwin D. Bhobe, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner is held ineligible to the post of Divisional Controller, on the ground that the Petitioner does not possess the requisite 10 years experience in a commercial organization with more than 1000 employees (impugned decision). The Respondent No.1 (MSRTC), by the impugned decision has canceled the entire selection process.
3. By the present petition, the Petitioner has prayed for the following substantive relief :-
“(A) This writ petition may kindly be allowed.
(B) By issuing the writ of mandamus or any other appropriate writ, order of direction in the like nature and be pleased to quash and set aside the impugned decision dated 15.07.2019 issued by Respondent No. 1.
(C) By issuing the writ of mandamus or any other appropriate writ or order or direction in the like nature and be pleased to direct the respondent no.1 to consider the representations made by the petitioner and issue appointment letter to the petitioner for the post of Divisional Controller.”
Factual Matrix :
4. Vide Advertisement No. 1/2018, the Respondent No.1 invited applications to the post of
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 upheld that eligibility criteria for employment must be strictly adhered to, and ambiguity in advertisements should favor candidates only when clearly warranted.
The court upheld the selection process for the Director (Operations) position, affirming that the petitioner did not meet the mandatory experience criteria as outlined in the advertisement.
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....
Adherence to original eligibility criteria specified in the advertisement and the entitlement of the appellant, belonging to the OBC category, to relief.
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.
Experience gained on contractual basis cannot be disregarded in recruitment processes unless explicitly stated, and candidates in the select list have a legitimate expectation of appointment.
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....
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