1410wp2620-2625.13-Judgment 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2620 OF 2013
PETITIONER :- Kishor S/o Ramdas Khandaway, aged about
28 years, Occupation-Unemployed, R/o Plot
No.75/A, Police Nagar, S.R.P.F. Gate,
Hingna Road, MIDC, Nagpur 16.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, Through its
Secretary, Department of Home Mantralaya,
Mumbai-32.
ig 2) The Commandant, The State Reserve Police
Force, Group No.4, Hingna, Nagpur.
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Mr.C.S.Kaptan, sr.counsel with Mr.P.S.Chawhan, counsel
for the petitioner.
Mr.K.L.Dharmadhikari, Asstt.Govt.Pleader for the respondents.
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WRIT PETITION NO. 2621 OF 2013
PETITIONER :- Mohammed Numan s/o Hamid Hasan
Sheikh, aged about 22 years, Occupation-
Unemployed, R/o Chankapur Colony, Qtr.
No.152/4, Post Sillewada, Tahsil Saoner,
District Nagpur.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, Through its
Secretary, Department of Home Mantralaya,
Mumbai-32.
2) The Commandant, The State Reserve Police
Force, Group No.4, Hingna, Nagpur.
---------------------------------------------------------------------------------------------------
Mr.C.S.Kaptan, sr.counsel with Mr.P.S.Chawhan, counsel
for the petitioner.
Mr.K.L.Dharmadhikari, Asstt.Govt.Pleader for the respondents.
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WRIT PETITION NO. 2622 OF 2013
PETITIONER :- Ravindra Kashiram Bilone, aged about 25
years, Occupation-Unemployed, R/o New
Koradi, Ward No.4, Khogali Road, Near
Hanuman Mandir, Tah. Kamptee, District
Nagpur.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, Through its
Secretary, Department of Home Mantralaya,
Mumbai-32.
ig 2) The Commandant, The State Reserve Police
Force, Group No.4, Hingna, Nagpur.
---------------------------------------------------------------------------------------------------
Mr.C.S.Kaptan, sr.counsel with Mr.P.S.Chawhan, counsel
for the petitioner.
Mr.K.L.Dharmadhikari, Asstt.Govt.Pleader for the respondents.
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WRIT PETITION NO. 2623 OF 2013
PETITIONER :- Vijay S/o Shobhanath Tiwari, aged about 24
years, Occupation-Unemployed, R/o Plot
No.20, Bhupesh Nagar, Narmada Society
Borgaon Road, Nagpur.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, Through its
Secretary, Department of Home Mantralaya,
Mumbai-32.
2) The Commandant, The State Reserve Police
Force, Group No.4, Hingna, Nagpur.
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Mr.C.S.Kaptan, sr.counsel with Mr.P.S.Chawhan, counsel
for the petitioner.
Mr.A.A.Madiwale, Asstt.Govt.Pleader for the respondents.
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WRIT PETITION NO. 2624 OF 2013
PETITIONER :- Khushal S/o Champatrao Kohale, aged about
29 years, Occupation-Unemployed, R/o
Village Rajani, Post Sawargaon, Tahsil Katol,
District Nagpur.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, Through its
Secretary, Department of Home Mantralaya,
Mumbai-32.
2) The Commandant, The State Reserve Police
ig Force, Group No.4, Hingna, Nagpur.
---------------------------------------------------------------------------------------------------
Mr.C.S.Kaptan, sr.counsel with Mr.P.S.Chawhan, counsel
for the petitioner.
Mr.A.A.Madiwale, Asstt.Govt.Pleader for the respondents.
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AND
WRIT PETITION NO. 2625 OF 2013
PETITIONER :- Ranvir s/o Lallan Pande, aged about 24
years, Occupation-Unemployed, R/o Vaishali
Nagar, Sirke Layout, Hingna Road, Nagpur.
...VERSUS...
RESPONDENTS :- 1) The State of Maharashtra, Through its
Secretary, Department of Home Mantralaya,
Mumbai-32.
2) The Commandant, The State Reserve Police
Force, Group No.4, Hingna, Nagpur.
---------------------------------------------------------------------------------------------------
Mr.C.S.Kaptan, sr.counsel with Mr.P.S.Chawhan, counsel
for the petitioner.
Mr.A.A.Madiwale, Asstt.Govt.Pleader for the respondents.
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1410wp2620-2625.13-Judgment 4/7
CORAM : SMT. VASANTI A NAIK &
KUM. INDIRA JAIN, JJ.
DATED : 14.10.2016 O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.) Since the issue involved in these writ petitions is identical and since similar orders passed by the Maharashtra Administrative Tribunal are challenged therein, they are heard together and are decided by this common judgment.
By these writ petitions, the petitioners have challenged the orders of the Maharashtra Administrative Tribunal, dated 05/11/2012 and 29/11/2012, dismissing the original applications filed by the petitioners.
Applications were invited by the respondents vide advertisement dated 04/02/2010, for appointment on the post of armed police constables. In all 94 posts were advertised and posts were earmarked separately for the open category, scheduled tribes, scheduled castes, other backward classes, special backward classes and vimukja jati-A. The petitioners had applied for the posts reserved for the different categories. The petitioners participated in the selection process and the petitioners were placed at Sr.No.1 or 2 or 3 in the waiting lists prepared for each of the categories. According to the petitioners, since some of the candidates had not joined on the posts for which they were selected and some of the candidates had joined and then left the job, the petitioners made a representation to the respondents to appoint them on the ::: Uploaded on - 17/10/2016 ::: Downloaded on - 19/10/2016 00:30:51 ::: 1410wp2620-2625.13-Judgment 5/7 posts of armed police constables. Since the representation was not favourably considered, the petitioners filed original applications before the Maharashtra Administrative Tribunal that were decided by separate orders by the tribunal that are impugned in these petitions.
Shri Kaptan, the learned senior counsel for the petitioners, submitted that since the names of the petitioners were included in the waiting lists and that since some of the selected candidates had not joined and since some of the appointed candidates had left the job after joining, it was necessary for the respondents to have appointed the petitioners on the vacant posts of armed police constables. It is stated that the waiting lists were to expire only on the completion of one year from the date of publishing of the waiting lists and it was, therefore, incumbent on the part of the respondents to have appointed the petitioners on the vacancies that arose within one year from the date of the display of the waiting lists. It is submitted that it was necessary for the respondents to appoint the petitioners on the posts that became vacant during the period of one year from the date of the display of the waiting lists. It is stated that instead of abiding by the circular dated 27/06/2008, the respondents wrongly held that the waiting lists got exhausted on the completion of six months from the date of the display of the waiting lists. It is submitted that the waiting lists were liable should have been kept alive for a period of one year as per the circular dated 27/06/2008 and the petitioners should have been appointed in the vacancies that arose within one year.
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5. The learned assistant government pleaders supported the orders of the tribunal and submitted that though the circular dated 27/06/2008 provided that the waiting lists could be kept alive for a period of one year, by the subsequent circular dated 16/01/2010, the life of waiting lists was reduced to six months. It is stated that during the first six months from the date of display of the waiting lists, there was no vacancy in any of the categories for which the petitioners had applied. It is submitted that the respondents took a conscious decision of not appointing the petitioners in the absence of vacancies. The learned assistant government pleaders sought for the dismissal of the writ petitions.
6. On hearing the learned counsel for the parties and on a perusal of the impugned orders, we find that there is no scope for interference with the impugned orders, in exercise of the writ jurisdiction. Firstly, the selection was made in the year 2010 and the waiting lists were published in April 2010. It is well settled that even a selected candidate does not have a right to claim the appointment on the post for which he is selected. The petitioners were not selected for appointment on the posts of armed police constables and their names were placed at Sr.Nos.1 or 2 or 3 in the waiting lists. Merely because some of the candidates that had joined on the posts of armed police constables had left the job, the petitioners could not have claimed their appointment on the posts of armed police constables. It is well settled that the select list gets exhausted as soon as the selected candidate is appointed on the post for which he is selected. It would be worthwhile to refer to the judgments of the Hon'ble Supreme Court, reported in AIR 2013 SC 3580 (Raj Rishi Mehra and others ::: Uploaded on - 17/10/2016 ::: Downloaded on - 19/10/2016 00:30:51 ::: 1410wp2620-2625.13-Judgment 7/7 v. State of Punjab and another) and (2009) 1 SCC 386 (Mukul Saikia and others v. State of Assam and others) in this regard. It is held by the Hon'ble Supreme Court in the said reported judgments that once the appointments are made against the advertised posts, the select list gets exhausted and the candidates below the last appointee cannot claim appointment against the post which is subsequently available. The tribunal has recorded a finding of fact in the cases in hand that no vacancies were available at the relevant time and hence, the petitioners, who were placed at Sr.Nos.1 or 2 or 3 in the waiting lists could not have been appointed on the posts for which they had applied, in the absence of vacancies. The tribunal held that 94 vacancies that were advertised were not actual vacancies, but they included anticipated vacancies as well. While dismissing the original applications, the tribunal relied on the circular dated 16/01/2010 that provided that the life of the waiting lists was six months and not one year as provided by the circular dated 27/06/2008.
We do not find any illegality in the orders of the tribunal, more so when a wait listed candidate would not have any right whatsoever to seek his appointment on the post for which he/she had applied.
7. Since the orders of the Tribunal are just and proper, we dismiss the writ petitions with no order as to costs. Rule stands discharged.
JUDGE JUDGE
KHUNTE
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