Case Note & Summary
The dispute arose from a recruitment process conducted by Maharashtra State Power Generation Company Ltd. for Junior Officer (Security) positions through Advertisement No.01/2023. The petitioners, applicants under EWS and open categories, participated in the selection process comprising an online test, physical efficiency test, and psychometric test. Initially, the advertisement indicated selection based on scores obtained, with 120 marks for the online test and 40 marks for the physical and psychometric tests. The petitioners secured higher total marks than some selected candidates. However, after the tests, the respondents applied a weightage system—50% to the online test and 50% to the physical and psychometric tests—which altered the merit list, placing the petitioners on a waitlist while selecting respondents with lower total marks. The petitioners challenged this change as arbitrary and contrary to the advertisement terms, seeking appointment based on their higher scores. The respondents contended that the weightage application was within their authority under advertisement clauses and necessary for evaluating merit. The court identified key legal issues: whether weightage could be applied post-tests and if such a right under the advertisement was arbitrary. Analyzing the advertisement clauses, the court found no provision for mid-process criteria change. It relied on Supreme Court precedents, including Ramjit Singh Kardam vs. Sanjeev Kumar and Ors and Tej Prakash Pathak Vs. Rajasthan High Court, which hold that altering selection criteria after commencement is impermissible. The court reasoned that such changes violate candidates' legitimate expectations and right to equality under Article 14, as they were kept in the dark until results were published. Consequently, the court quashed the selection process, directing the respondents to prepare a fresh select list based on the original score-based criteria, ensuring the petitioners' consideration for appointment if meritorious.
Headnote
A) Administrative Law - Public Employment - Recruitment Process - Advertisement Terms - Maharashtra State Power Generation Company Ltd. Advertisement No.01/2023 - Petitioners challenged selection process where weightage was applied after tests, altering merit - Court held recruitment must strictly follow advertisement terms; change in criteria after process commencement is arbitrary - Directed respondents to prepare fresh select list based on original score criteria (Paras 7-15). B) Constitutional Law - Fundamental Rights - Right to Equality - Article 14 - Arbitrary State Action - Selection process changed from 'score obtained' to 'weightage' after tests - Court found this violated petitioners' right to equality as it allowed less meritorious candidates to be selected - Held arbitrary modification of selection criteria impermissible under Article 14 (Paras 11-14).
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Issue of Consideration: Whether respondents could apply weightage criteria after candidates obtained marks in tests, and whether advertisement provided for such right and if arbitrary
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Final Decision
Court quashed the selection process, directed respondents to prepare fresh select list based on original score criteria, and allowed petitioners to be considered for appointment if meritorious
