NDLI: Vishal Ashok Thorat and Ors. Vs. Rajesh Shrirambapu Fate & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Correctness of PIL Service Law condition of service of Assistant Inspector of Motor Vehicles
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Assistant Inspector of Motor Vehicles, Group-C in Motor Vehicles Department (Recruitment) Rules, 2016 – rr. 3(iii), (iv) and 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 – Writ petition by respondent no. 1 challenging 2016, Rules – Disposed of, giving liberty to make representation to the State, which was rejected – Filing of second writ petition by respondent no.1 challenging only 2016 Rules in which respondent filed amendment application seeking quashing of advertisements as well as list of selected candidates which was allowed – High Court though held that respondent No.1 cannot be permitted to challenge the advertisements but set aside the proviso to r. 3(iii) and 3(iv) and r. 4 and issued directions to choose and select only those who had participated in the selection process and fulfilled the requirement as per the Rules – On appeal, held: 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 – High Court erred in issuing direction to modify the select list – Furthermore, the selected candidates whose names were already published ought to have impleaded – In absence of the same, the High Court erred in issuing direction to modify and review the select list – By mere inclusion in the select list, there is no right of appointment but the candidate is entitled for consideration of his appointment, which could not have been denied without there being any valid reason – Respondent No.1, who did not participate in the selection and the High Court had specifically rejected the entitlement of the respondent No.1 to challenge the advertisement and select list, permitting him to challenge the validity of the Rules in reference to the same advertisements is indirectly challenging something which could not be challenged directly by the respondent No.1 – Thus, when the respondent no. 1 was held not entitled to challenge the advertisement, the proceeding to entertain the challenge to the validity of the Rules and to strike down the Rules and modifying the select list was clearly impermissible – Thus, the High Court erred in issuing the directions and the order passed by the High Court is set aside. Service Jurisprudence: Writ petition relating to condition of service of Assistant Inspector of Motor Vehicles – High Court entertained the writ petition as PIL – Correctness of – Held: With regard to service jurisprudence, PIL are not entertained – Writ petition filed by respondent No.1 was not styled or framed as PIL – High Court being influenced by the submission that loss being caused to the public revenue by appointment of Assistant Inspector of Motor Vehicles, who did not fulfill qualification as laid down in notification, virtually entertained the writ petition as PIL – High Court ought not to have entertained the writ petition.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 781
Petitioner	Vishal Ashok Thorat And Ors.
Respondent	Rajesh Shrirambapu Fate & Ors.
SCR	[2019] 9 S.C.R. 628
Judgement Date	2019-07-19
Case Number	5444

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Vishal Ashok Thorat and Ors. Vs. Rajesh Shrirambapu Fate & Ors.

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