M G KHANDAGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner filed the present Writ Petition as Public Interest Litigation under Articles 14, 15, 16, 309, 320 and 226 of the Constitution of India challenging the appointments to the posts of Deputy Commissioner of Labour pursuant to the notification dated 06th May, 1992 at Exhibit-D to the petition issued by the Respondent No.2-Maharashtra Public Service Commission (in short MPSC) as the same is ultra-vires of Articles 14, 16, 309 and 320 of the Constitution of India.

(2.) IT is to be noted that the Petitioner has already retired from service as well as the Respondents Nos.4, 5 and 6 whose appointments are challenged by the Petitioner in the present petition have also retired from service. Therefore, only the academic interest/question of the appointments and validity of the notification dated 06th May, 1992 has to be considered in the present Writ Petition.

(3.) THE learned counsel appearing for the Petitioner submitted that in the present case the two pillars for selection is educational qualification and the experience. These two factors are most relevant for judging inter-se merit of the candidates. He further submitted that the candidates with inferior qualification cannot elbow out the candidate with superior qualification merely because the selection authority so deems fit. The counsel further submitted that the object of any process of selection for entering into public service is to secure the best and most suitable candidate for the job. The selection based on merit, tested impartially and objectively is the essential foundation of any useful and efficient public service. He further submitted that under the Recruitment Rules, a person possessing the qualifications prescribed under the said Rules of 1966 has a prior claim for being considered for appointment to the said posts. In the present case, the Respondents Nos.1 to 3 misinterpreted the said Rules of 1966 at the time of issuing the notification dated 06th May, 1992 and therefore, the said notification is liable to be set aside.