MAHARASHTRA PUBLIC SERVICE COMMISSION Vs. RAJENDRA C KADAM

JUDGEMENT

(1.) All these Petitions involve overlapping questions emanating from the common decision of the Maharashtra Administrative Tribunal (hereinafter referred to as the 'Tribunal') Mumbai Bench, dated 9th March, 2010 in original Application Nos. 1246, 1462, 1511,1512 all of 2009 and O.A. 25/2010 respectively. Although, 5 original applications were filed before the Tribunal, in this Court, in all 9 writ petitions have been filed which, as aforesaid, are being disposed of together by this common Judgment. Out of these 9 writ petitions, 3 writpetitions are filed by Petitioners who were not made parties to any of the original applications filed before the Tribunal, but are aggrieved by the decision of the Tribunal as they are directly affected by the said decision. The same are Writ Petition Nos. 2708/2010, 2845/2010 and 2837/2010. Whereas, Writ Petition No. 2525/2010 is filed by Petitioner who was Respondent in the proceedings before the Tribunal. The said Petitioners have supported the stand taken by the Maharashtra Public Service Commission (hereinafter referred to as M.P.S.C.). In the Writ Petition filed by the M.P.S.C. all the original applicants in the respective applications, in all 170 in numbers have been arrayed as Respondents 1170 respectively. Whereas, the remaining Writ Petitions are filed by the original applicants challenging the adverse opinion recorded by the Tribunal in relation to the other grounds urged by them.

(2.) The challenge before the Tribunal was in respect of the select list for the post of Police SubInspector published on 12th November, 2009. That list was prepared to fill in 533 vacancies by selection of the eligible candidates from the feeder post on the basis of Limited Departmental Competitive Examination. The said selection process or examination was to consist of preliminary exam for 200 marks, main exam for 100 marks, physical test for 100 marks and interview test for 50 marks. Insofar as the physical test is concerned, the same consisted of running a distance of 800 meters and other events. Insofar as taking part in running a distance of 800 meters, the maximum marks to be allocated to the candidate was 50 marks. The allocation of marks was to depend on the time taken by each candidate to cover the distance of 800 meters so as to assess their physical ability. For that slab of 10 seconds was applied. As per the prescribed norm, if the candidate was to complete 800 meters distance in 2.30 or less minutes, he would be allocated full 50 marks. The marks would be reduced by 6 if the candidate was to complete the 800 meter distance in 2.30 to 2.40 minutes and in the same manner for every 10 additional seconds.

(3.) The feeder posts for recruitment to the post of Police SubInspector by selection on the basis of Limited Departmental Competitive Examination are persons in police department such as Police Constable, Police Naik and Police Head Constable. The aspiring candidates working in the said feeder posts could apply for appointment on selection basis and would get three opportunities to appear for the Limited Departmental Competitive Examination subject to possessing necessary qualification. To regulate the recruitment to the post of Police SubInspector, the State of Maharashtra in exercise of powers conferred by clause (b) of Section 5 of the Bombay Police Act and all other powers enabling it in that behalf has framed rules to regulate recruitment to the post of SubInspector of Police in the police force in the Home Department of Government of Maharashtra. The said Rules are called Police SubInspector (Recruitment) Rules, 1995. It may be useful to advert to Rule 3 & 4 of the said Rules: