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Supreme Court of India 2019-07-19 allowed

Vishal Ashok Thorat and Ors vs Rajesh Shrirambapu Fate & Ors

Bench: 2 — Ashok Bhushan

In Brief

The Supreme Court set aside a High Court judgment that had partly allowed a writ petition filed by a non-participant in a recruitment process for 188 Assistant Motor Vehicles Inspector posts. The petitioner had challenged recruitment rules and later sought to modify the select list of 832 candidates. The Court held that since the petitioner lacked locus to challenge the recruitment advertisements, he equally could not challenge the rules or modify the select list. Further, modifying the select list without impleading the selected candidates—who are necessary parties with rights directly affected—was procedurally impermissible. The Court also held that service recruitment matters cannot be entertained as public interest litigation.

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Administrative Law Recruitment and Selection Public Service Commission Writ Jurisdiction Civil Procedure Locus Standi Necessary Parties Service Law

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