Bombay High Court Upholds Cancellation of Police Patil Selection; Cites Irregularities in Interview Process

Systematic irregularities and unauthorized delegation of powers in the selection process lead to nullification of appointments.

In a significant ruling, the Bombay High Court, Nagpur Bench, has upheld the cancellation of the entire selection process for the post of Police Patil in Maharashtra due to systematic irregularities and unauthorized delegation of powers within the Interview Committee. The Division Bench, comprising Justices Anil S. Kilor and Rajnish R. Vyas, dismissed the writ petitions filed by the successful candidates challenging their termination, reiterating the importance of maintaining the integrity of recruitment processes.

The case arose following complaints from unsuccessful candidates about malpractices in the oral interview phase of the Police Patil selection process. An enquiry conducted by the Additional Collector of Bhandara revealed that the Interview Committee, mandated by a Government Resolution to consist of specific high-ranking officials, had improperly delegated their roles to representatives. This delegation was deemed impermissible, fundamentally compromising the integrity of the selection process.

Despite the successful candidates arguing that the delegation of roles was permissible, the court noted that such delegation amounted to rewriting the Government Resolution, which explicitly required assessment by experienced and designated officials. The court found that the interview process lacked uniformity, with marks being inconsistently awarded, further invalidating the selection process.

The Maharashtra Administrative Tribunal had initially set aside the termination of the successful candidates, directing their reinstatement. However, this decision was challenged by the unsuccessful candidates, leading to a remand by the High Court for a fresh decision. Upon reevaluation, the Tribunal upheld the State's decision to cancel the appointments, a decision now affirmed by the High Court.

The judgment emphasized the necessity of strict adherence to prescribed selection modes, referencing the Supreme Court's observations in similar cases. The court highlighted the importance of maintaining the purity of the selection process, even if it meant inconveniencing untainted candidates, when broad manipulation was evident.

The petitioners' plea for extension of interim relief was granted for an additional four weeks, allowing them temporary reprieve while further legal options are explored.

Bottom Line:

Recruitment Process - Entire selection process for the post of Police Patil found to be vitiated due to systematic irregularities and delegation of powers to unauthorized representatives in the Interview Committee, which undermines the integrity of the process - Cancellation of selection process upheld.

Statutory provision(s): Government Resolution dated 23.8.2011, Maharashtra Village Police Rules, 1967, rule 9(E)

Ashish v. State of Maharashtra, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2794942