NDLI: Madhya Pradesh Public Service Commission Vs. Manish Bakawale & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	M.P. State Civil Services Rules Writ petition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	M.P. State Civil Services Rules, 2015 – r.4(3)(c)(1),(2) – Appellant issued advertisement inviting applications for State Service Examination for various posts in different departments – Respondent no.1 (SC category candidate) gave his order of preference as- Deputy District Collector, Deputy Superintendent of Police (DSP) and Chief Municipal Officer (CMO) – 892 marks obtained by the respondent no.1 were not sufficient for the post of his first preference – Considered for the post of DSP, his second preference – However, was found ineligible as he did not meet the additional eligibility criteria of minimum physical measurement for the said post – Respondent no.1 filed writ petition claiming that a candidate belonging to SC category who had also secured 892 marks was appointed to the post of CMO, thus he is also entitled to be appointed to the post of CMO – Allowed by Single Judge – Affirmed by Division Bench – Held: Advertisement indicated the requirement of the Rule that a candidate who had preferred the higher of the posts advertised would be selected against such post depending on the merit – Clause (2) of sub-rule (3) clarifies that if a candidate is selected in the main list on the basis of the higher priority of the post given by him in the preference sheet, he will not be considered for the remaining post indicated therein – Rule is not under challenge – Apart from indicating that his second preference is the post of DSP, respondent no.1 also signed a declaration – Declaration was explicit that the choice of preference to the post was made by him since according to him he fulfilled the prescribed eligibility criteria, including physical measurement– Respondent no.1 who made declaration about the correctness of his eligibility and was included in the main list for the said post, has to blame himself if found ineligible since his height was admittedly 162 cms which was within his knowledge – He ought not to have exercised thepreference – But having acted so at that stage, if respondent no.1’s request for appointment to the next preferred post is accepted, it will displace a candidate who having made a truthful declaration indicated the appropriate preference, and is selected and placed in the main list – Writ petition dismissed – Service Law.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2021 INSC 914
Petitioner	Madhya Pradesh Public Service Commission
Respondent	Manish Bakawale & Ors.
SCR	[2021] 9 S.C.R. 978
Judgement Date	2021-12-17
Case Number	7721

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Madhya Pradesh Public Service Commission Vs. Manish Bakawale & Ors.

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