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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Anil S.Kilor, Rajnish R.Vyas
Ashish S/o. Yashwant Harde – Appellant
Versus
State of Maharashtra, Through its Secretary, Home Ministry – Respondent
JUDGMENT :
Rajnish R. Vyas, J.
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
3. While deciding instant writ petitions pertaining to alleged illegalities committed during conducting the viva voce of the candidates interested in appointment as Police Patil, we are guided by following observations of Honourable Apex Court, in case of State of West Bengal Vs. Baisakhi Bhattacharya and others, (AIR 2025 SCC 1882).
“19. The following principles emerge from the aforesaid discussion:
When an in-depth factual enquiry reveals systematic irregularities, such as malaise or fraud, that undermines the integrity of the entire selection process, the result should be cancelled in its entirety. However, if and when possible, segregation of tainted and untainted candidates should be done in consonance with fairness and equity.
The decision to cancel the selection en masse must be based on satisfaction derived from sufficient material collected through a fair and thorough investigation. It is not necessary for the material collected to conclusively prove malpractice beyond reasonable doubt. The standard of evidence should be reasonable certainty of systematic mes. T
The integrity of the selection process is paramount; any fundamental flaws due to improper delegation vitiate the entire process, justifying cancellation.
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
The court upheld that the recruitment rules prohibit women from the post of Platoon Commander, finding the inclusion of excess female candidates unconstitutional and ordering adjustments to the selec....
The selection committee's discretion in recruitment processes is paramount, and courts should not interfere unless there is clear evidence of malfeasance or arbitrary decision-making.
The main legal point established in the judgment is the requirement for petitioners to provide tangible evidence to substantiate allegations of mala fide and arbitrariness in the selection process.
Participation in the selection process without raising objections precludes subsequent challenges. Substantial evidence is required to prove mala fides.
Point of Law : candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challen....
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
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