Supreme Court of India

RAJESH S/O SHRIRAMBAPU FATE & ORS.versusSTATE OF MAHARASHTRA & ORS.

Citation: 2019 INSC 783
Decided: 19 July 2019
Disposal: Dismissed
Bench: ASHOK BHUSHAN

Holding

The appeal is dismissed, upholding the validity of the 2016 recruitment rules, the advertisements and the selection list as affirmed in Civil Appeal No. 5444 of 2019.

Summary

The petitioners challenged the validity of the 2016 Motor Vehicles Department (Recruitment) Rules, the advertisements for the post of Assistant Inspector of Motor Vehicles (Group‑C) and the selection list of 832 candidates. The High Court of Bombay, Nagpur Bench, had entertained a writ petition on these matters. On appeal, the Supreme Court referred to its earlier judgment in Civil Appeal No. 5444 of 2019 (Vishal Ashok Thorat v. Rajesh Shrirambapu Fate) which had upheld the recruitment process. Relying on that precedent, the Court dismissed the present appeal, confirming the legality of the rules, advertisements and the selection list. The appeal was therefore dismissed.

Issues considered

Whether the Motor Vehicles Department (Recruitment) Rules, 2016 and the related advertisements for Assistant Inspector of Motor Vehicles (Group‑C) are ultra vires or violative of service law.
Whether the selection list of 832 candidates can be judicially reviewed and set aside.

Subjects

Service LawRecruitment RulesMotor Vehicles DepartmentSelection ListJudicial ReviewAppeal Dismissed

Judgment

                          [2019] 9 S.C.R. 653                               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.
      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

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