High CourtDivision BenchAppeal dismissed; final order upholding validit...

RAJESH S/O SHRIRAMBAPU FATE & ORS. v. STATE OF MAHARASHTRA & ORS.

Case / Petition Number:Civil Appeal No. 5687 of 2019
Neutral Citation:[2019] 9 SCR 653

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Ashok Bhushan
  • Navin Sinha
Judgment Date
2019-07-19
Court Decision / Holding
The instant appeal is dismissed.
Final Disposition
Appeal dismissed; final order upholding validity of recruitment rules and the selection process in line with earlier jurisprudence.

Parties to the Case

Appellants / Petitioners

  • Rajesh S/o Shrirambapu Fate & Ors.

Respondents

  • State of Maharashtra & Others

Legal Representation & Advocates

Counsels for Petitioners

  • • Sanjay Kharde
  • • Samrat Shinde
  • • Sunil Kumar Verma

Counsels for Respondents

  • • Paramjit Singh Patwalia (Sr. Adv.)
  • • Ravindra Keshavrao Adsure
  • • Sagar N. Pahune Patil

Case Synopsis & Summary

Rajesh S/o Shrirambapu Fate & Ors. v. State of Maharashtra & Ors., Civil Appeal No. 5687 of 2019, concerns a challenge to the 2016 Recruitment Rules for the post of Assistant Inspector of Motor Vehicles, Group-C, in the Maharashtra Motor Vehicles Department, together with two advertisements inviting applications (Nos. 2 of 2017 and 48 of 2017) and the resultant selection of 832 candidates placed in a selection list. The writ petition before the Nagpur Bench of the Bombay High Court raised objections to the validity of rr. 3(iii), 3(iv) and C-4 of the Recruitment Rules and to the process by which the selected candidates were identified. The petition asserts illegality or illegitimate exercise of power in the framing of the Rules, the advertisements, and the selection list, seeking relief including quashing of the Rules or the list. The Supreme Court follows its reasoning in Civil Appeal No. 5444 of 2019 (Vishal Ashok Thorat v. Fate & Ors.), and dismisses the instant appeal. Delivered by Justices Ashok Bhushan and Navin Sinha, the judgment emphasizes adherence to the existing statutory framework governing recruitment and approves the Nagpur High Court’s disposition, denying relief to the petitioners and upholding the validity of the recruitment process and its outcomes.

Provisions of Law Cited

Recruitment Rules, 2016 – rr. 3(iii), 3(iv) and C-4

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants challenge the 2016 Recruitment Rules (rr. 3(iii), 3(iv) and C-4), the related advertisements (Nos. 2 of 2017 and 48 of 2017) and the list of 832 selected candidates, contending that the Rules and advertisements are invalid and that the selection process is flawed. They seek relief in the writ petition challenging the validity of the Rules and the selection list.

Contentions of Respondents

The respondents defend the recruitment framework and the selection, relying on the earlier Supreme Court decision in Civil Appeal No. 5444 of 2019 for reasons to dismiss the appeal, thereby upholding the integrity and legality of the Rules and the selection process.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Vishal Ashok Thorat and Ors. v. Rajesh Shrirambapu Fate & Ors.[2019] 9 SCR 628PositiveThe decision relies on and follows the reasoning set out in this earlier ruling, applying the same principles to dismiss the present appeal.

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Extracted Judgment Text

Exact text extracted from official judgment records.

653 [2019] 9 S.C.R. 653 RAJESH S/O SHRIRAMBAPU FATE & ORS. A v. STATE OF MAHARASHTRA & ORS. (Civil Appeal No. 5687 of 2019) JULY 19, 2019. B ## **[ASHOK BHUSHAN AND NAVIN SINHA, JJ.]** ## _Service Law:_ _Assistant Inspector of Motor Vehicles, Group-C in Motor Vehicles Department (Recruitment) Rules, 2016 – rr. 3(iii), (iv) and_ C _4 – Post of Assistant Inspector of Motor Vehicles, Group-C – Advertisement Nos. 2 of 2017 and 48 of 2017 inviting applications for the posts – Selection of 832 candidates and inclusion in the selection list – Issue as regards challenge to 2016 Rules, advertisements as well as list of selected candidates – In view of the_ D _reasons given in Civil Appeal No. 5444 of 2019, Vishal Ashok Thorat and Ors. v. Rajesh Shrirambapu Fate & Ors., as reported in [2019] 9 SCR 628, the instant appeal is dismissed._ D CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5687 of 2019. E From the Judgment and Order dated 28.09.2018 of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Writ Petition No. 1270 of 2018. Sanjay Kharde, Samrat Shinde, Sunil Kumar Verma, Advs. for the Appellant. F Paramjit Singh Patwalia, Sr. Adv., Ravindra Keshavrao Adsure, Sagar N. Pahune Patil, Advs. for the Respondents. The Judgment of the Court was delivered by ## **ASHOK BHUSHAN, J.** G For the reasons given by us in our judgment of the date in Civil Appeal No.5444 of 2019, Vishal Ashok Thorat and ors. vs. Rajesh Shrirambapu Fate & Ors. this appeal is dismissed. Nidhi Jain > Appeal dismissed. H 653