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Supreme Court of India 2021-02-05 allowed

Gajanan Babulal Bansode & Ors vs State of Maharashtra & Ors

Bench: 3 — Indu Malhotra

In Brief

The Maharashtra Government issued a resolution directing accommodation of 636 additional Police Sub-Inspector candidates beyond the 828 notified vacancies, without consulting the Maharashtra Public Service Commission. In-service police constables challenged this as violating recruitment rules and constitutional principles of equality. The Court held that recruiting beyond notified vacancies violates Articles 14 and 16(1), and that any deviation from prescribed ratios requires prior Commission consultation under Article 320(3)(a). The Court set aside the administrative tribunal's order vacating the interim stay and the High Court's direction for training the additional candidates during pendency of proceedings, and directed the tribunal to decide the case within six months with the Court's stay on the impugned resolution maintained.

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