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Bombay High Court Quashes Tribunal’s Decision Invalidating District Information Officer Recruitment; Upholds Selection Committee’s Discretion and Rejects Post-Participation Challenges

Bombay High Court Quashes Tribunal’s Decision Invalidating District Information Officer Recruitment; Upholds Selection Committee’s Discretion and Rejects Post-Participation Challenges

Bombay High Court Quashes Tribunal’s Decision Invalidating District Information Officer Recruitment; Upholds Selection Committee’s Discretion and Rejects Post-Participation Challenges

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1. Court’s Decision:

The Bombay High Court overturned the Maharashtra Administrative Tribunal’s (MAT) judgment, which had invalidated the recruitment process for District Information Officers (DIO) and directed a fresh recruitment exercise. The High Court held that the Tribunal had exceeded its jurisdiction by:

The Court emphasized that judicial interference in administrative matters must be limited to procedural legality rather than substituting the authority’s discretion.


2. Facts of the Case:

  1. Recruitment Advertisement:
    • On February 11, 2008, an advertisement was issued for eight posts of DIO under the Maharashtra Public Relations Department.
    • Out of the eight posts, reservations were allocated as follows:
      • 1 for Scheduled Castes.
      • 3 for Other Backward Classes.
      • 4 for Open Category, with sub-reservations:
        • 3 for women.
        • 1 for sportspersons.
  2. Aggrieved Candidate:
    • The candidate, aged 37 years and 5 months, exceeded the maximum age limit of 35 years for general applicants not in government service.
    • Although Rule 7 of the Recruitment Rules allowed age relaxation for candidates with “exceptional qualifications or experience,” no recommendation was made by the Selection Committee for the aggrieved candidate.
  3. Legal Challenge:
    • The aggrieved candidate was initially barred from the written examination. Following interim relief from the High Court, he was allowed to appear but did not secure further consideration due to his age.
    • He later challenged the entire selection process before the Tribunal, citing procedural violations, excessive reservations, and wrongful rejection of his candidature.
  4. Tribunal’s Judgment:
    • The MAT quashed the recruitment process, citing:
      • Breach of reservation policies (excessive sub-reservations for women).
      • Non-verification of Non-Creamy Layer Certificates.
      • Procedural flaws in denying age relaxation.
    • It directed a fresh recruitment process and reconsideration of the aggrieved candidate’s application.

3. Issues:

  1. Did the Tribunal exceed its jurisdiction by questioning the competence of the Selection Committee and expanding the pleadings?
  2. Was the age relaxation for the aggrieved candidate wrongly denied?
  3. Were the sub-reservations for women and sportspersons in violation of the Recruitment Rules?
  4. Could the aggrieved candidate, after participating in the selection process, validly challenge its legality?

4. Petitioners’ Arguments:

The successful candidates and the State of Maharashtra argued:


5. Respondent’s (Aggrieved Candidate) Arguments:


6. Analysis of the Law:


7. Precedent Analysis:


8. Court’s Reasoning:

  1. Exceeding Pleadings:
    • The Tribunal improperly expanded the aggrieved candidate’s case to challenge the competence of the Selection Committee, despite no such argument being raised.
  2. Procedural Impropriety:
    • The Tribunal substituted its judgment for the Selection Committee’s evaluation of qualifications, a jurisdictional overreach.
  3. Reservations:
    • The aggrieved candidate failed to challenge reservations before participating in the recruitment, barring him from subsequent objections.
  4. Quo Warranto Misapplication:
    • The Tribunal erroneously treated the case as a quo warranto proceeding, which was inapplicable.

9. Conclusion:

The High Court quashed the Tribunal’s judgment, dismissing the aggrieved candidate’s claims. It upheld the original recruitment process, ruling that:


10. Implications:

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