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Supreme Court of India 2021-12-17 allowed

Madhya Pradesh Public Service Commission vs Manish Bakawale & Ors

Bench: 2 — A.S. Bopanna

In Brief

The Supreme Court allowed the appeal by the Madhya Pradesh Public Service Commission, setting aside the High Court's order that required consideration of a candidate (Manish Bakawale) for a lower-preference post. Bakawale had been selected for Deputy Superintendent of Police based on merit but was rejected at the medical test for failing the minimum height requirement (162 cm vs 168 cm required). The Court held that once a candidate is placed in the main merit list for a higher-preference post, they are statutorily barred from consideration for lower-preference posts under Rule 4(3)(c)(2). The candidate's own declaration of physical eligibility in the application form could not be used to gain the benefit of consideration for a different post after failing the standard test.

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