13WP163-21.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION (ST) NO. 465 OF 2021

Maharashtra Public Service Commission ...Petitioner

Versus

Sandip Kakasaheb Bhitade and Ors. ...Respondents

WITH

WRIT PETITION NO. 163 OF 2021

WITH

INTERIM APPLICATION NO.1245 OF 2021

Maharashtra Public Service Commission

...Petitioner

Versus

Ganesh Ananda Kiture and Ors.

...Respondents

And

Vaibhav Ashok Dhere and Anr.

...Applicant

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Mr.Ashutosh M. Kulkarni with Mr.Gaurav Sharma, for the petitioner in

Writ Petition no.173/21 and Writ Petition (st) No.465.

Ms.Madhavi Ayyappan i/b. Talekar and Associates for the respondent

No.1 in WP(St) No.465/2021.

Mr.Atul Damle, Senior Advocate i/b. Mr.Chetan Nagare, for the

respondent nos.5, 7, 8, 10 and 12 in WP/163/2021.

Ms.R.A.Salunkhe-AGP for State in Writ Petition (St) no.465/21.

Mr.B.V.Samant, AGP for State in Writ Petition no.163 of 2021.

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Mr.Vivek Deshmukh, Deputy Secretary present.

Mr.Sagar Bhangade, Law Officer present.

Mr.Devendra Tawde, Under Secretary present.

----

CORAM :- DIPANKAR DATTA, CJ &

G. S. KULKARNI, J.

DATE :-

JUNE 10, 2021.

P.C.:

1.

This is a batch of petitions filed by the petitioner-

Maharashtra Public Service Commission (for short ‘the MPSC’) assailing

common judgment and order dated December 10, 2020, passed by the

Maharashtra Administrative Tribunal (for short ‘the tribunal’), thereby

allowing the original applications filed by the private

respondents/candidates.

2.

In the proceedings before the tribunal, a controversy had

arisen qua a selection process undertaken by the MPSC on a requisition

of the Home Department of the Government of Maharashtra namely the

Director General of Police, to fill up 750 posts of Police Sub-Inspector,

for which an advertisement dated December 7, 2016 was issued. The

respondents had participated in the selection process as undertaken by

the MPSC. The procedure culminated in the MPSC notifying a final

select list of candidates to be recommended, alongwith a wait list. Such

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list was published by the MPSC on June 20, 2018. It is not in dispute

that the names of the respondents appeared in the waiting list.

3.

The waiting list was to subsist and remain in operation for

a period of one year from the date of declaration of the result or till the

declaration of the result of the subsequent recruitment process for the

same post whichever was earlier, as per Rule 10(8) of the Maharashtra

Public Service Commission Rules of Procedure (Amendment) 2016.

Applying the said rule, the wait list was to lapse on September 19, 2018

on completion of one year also considering that the next examination

(2017 examination), to fill up the vacant posts ‘Police Sub-Inspector’

was held in March 8, 2019.

4.

It had so transpired that out of 750 recommended

candidates, 57 recommended candidates did not join. Hence, the Home

Department/ Director General of Police, made a demand for

recommendation of 57 candidates from the wait list by addressing

letters dated January 4, 2019 and January 16, 2019 to the MPSC. MPSC

however did not act upon these letters to forward such names. Being

aggrieved by such non-recommendation, the private

respondents/candidates approached the tribunal by filing the original

applications in question.

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5.

The tribunal allowed such original applications of the

private respondents/candidates, interalia observing that the select list

was valid and subsisting on the date a requisition was made by the

Home Department, so as to cast an obligation on the MPSC to forward

the names of candidates in relation to the 57 vacancies which remained

unfilled, on account of non joining of the selected candidates. The

tribunal has held that it was not proper for the MPSC to not forward the

names of the private respondents/candidates, whose names appeared in

the wait list. The tribunal accordingly allowed the application by the

passing the following directio