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Supreme Court of India 2021-02-05 allowed

GAJANAN BABULAL BANSODE & ORS vs STATE OF MAHARASHTRA & ORS

Bench: 3 — L. Nageswara Rao, Indu Malhotra, Vineet Saran

In Brief

The Supreme Court considered a challenge to a Maharashtra Government Resolution accommodating 636 additional police sub-inspector candidates beyond the 828 notified vacancies. The Court held that such recruitment must comply with constitutional Article 320(3)(a), which mandates consultation with the Maharashtra Public Service Commission before altering recruitment methods. The Government had issued the resolution unilaterally without consulting the MPSC, which formally expressed disapproval. Recruiting beyond notified vacancies distorts the prescribed recruitment ratio and violates Articles 14 and 16. The Court allowed the appeal, stayed the resolution, and set aside orders from the Tribunal and High Court, directing the Tribunal to decide pending cases within six months.

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