Case title: Shaila Tanaji Patil vs Maharashtra Public Service Commission,
Case no.: Writ Petition No.15613 Of 2022
Decided on: 14.02.2024
Quorum: Hon’ble Justice A. S. Chandurkar, Hon’ble Justice Jitendra Jain
FACTS OF THE CASE:
The petitioner seeks to challenge an order of the Maharashtra Administrative Tribunal dismissing the petitioner’s filed by holding that the petitioner did not file the ‘Sports Verification Certificate’ with the respondents along with the application and thus cannot be considered for selection to the post of Police Sub-Inspector under Article 226 of the Indian Constitution.
PETITIONERS CONTENTION:
The petitioner claimed that she was already selected as a Police Constable under the ‘Sports Category’ based on the Certificate issued by the Association of Indian Universities. This is the certificate she had verified for the position of Police Sub-Inspector, and the respondents themselves verified it. The certificate was presented at the time of the interview.
The petitioner claimed that she was already in possession of the Certificate when she applied for the position of Police Sub-Inspector, and that she was appointed as a Police Constable on the basis of this certificate prior to the examination. The petitioner contended that on a true and proper construction of the advertisement’s Clauses, it cannot be said that she did not comply with the Clauses relating to the holding of the certificate at the time of making the application.
RESPONDENTS CONTENTION:
The respondents argued that they agreed with the Tribunal’s decision and further stated that the petition should be denied because the “Sports Verification Certificate” was not submitted with the application, indicating that the advertisement’s requirements were not met.
COURT ANALYSIS AND JUDGEMENT:
The court ruled that the Tribunal erred in dismissing the petitioner’s OA. And, admittedly, the petitioner had already obtained the sports certificate, which was also on record with the respondents. Furthermore, the verification certificate for the sports certificate obtained was filed and submitted at the time of the interview, in accordance with the advertisement’s clauses. Thus, even on this point, the Tribunal and the respondents were not justified in rejecting the petitioner for the position of Police Sub-Inspector.
The court relied on the case of Dheerender Singh Paliwal vs. Union Public Service Commission, which held that if a candidate is otherwise found to be meritorious and there is a delay in filing documents in support of his educational qualification that were filed before the date of selection, such a candidate should not be considered ineligible when deciding on selection for the post.
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Written by – Surya Venkata Sujith
