VISHAL ASHOK THORAT & Ors. v. RAJESH SHRIRAMBAPU FATE & Ors.

01.07.2017. The High Court in paragraph 48 of its judgment has clearly held that writ petitioner cannot be permitted to challenge the advertisements dated 30.01.2017 and 01.07.2017. When the High Court held that respondent No.1 could not be permitted to challenge the advertisements dated 30.01.2017 and 01.07.2017, it cannot be appreciated that how the High Court could have interfered with the select list of 832 candidates, which was prepared after preliminary examination and main examination in pursuance to the advertisements dated 30.01.2017 and 01.07.2017. When respondent No.1 was not allowed to challenge the advertisements, tinkering with the select list by the High Court was impermissible and self– contradictory. The direction in paragraph 51 of the impugned judgment clearly directed the select list to be re– drawn by including only those candidates who fulfill the requirements of practical experience and driving licence as prescribed by the Central Government i.e. as substantive part of Rule 3(iii) and Rule 3(iv) of Rules, 2016, which the High Court could not do in view of its finding in paragraph 48 of the judgment. When a person is not permitted to challenge the advertisements and process of recruitment, the select list which is outcome of such recruitment process cannot be interfered at the instance of such person. The High Court, thus, clearly erred in issuing direction to modify the select list. [Para 29-32] [643-F-H; 644-A-B, E-F, H; 645-A-B]

1.2 The submission of the appellant is that respondent No.1 in his Writ Petition No.1270 of 2018 did not implead any of the selected candidates out of the list of 832. No selected candidate having been impleaded by respondent No.1, the High Court erred in issuing direction to modify and review the select list. The direction of the High Court is clearly against the interest of the appellants, who as per direction shall go out of the select list, the select list having been published on 31.03.2018, i.e., much before the date when respondent No.1 filed application for amendment in the writ petition for challenging the advertisement Nos.2 of 2017 and 48 of 2017, he ought to have impleaded the selected candidates whose names were already published by the MPSC. Respondent No.1 without bringing the selected candidates on record could not have obtained any order adverse to the selected candidates. [Para 33] [645-C-E] VISHAL ASHOK THORAT v. RAJESH SHRIRAMBAPU FATE 631