HARISH MAGANLAL BAIJAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner appeared in the Maharashtra State Service (Main), Examination, 1990, which was held for the filling up of 22 posts of Deputy Superintendent of Police/Assistant Commissioner of Police, Class-I. In his application, the Petitioner gave his first preference for appointment to the post of Deputy Superintendent of Police (DSP)/ Assistant Commissioner of Police, Class-I, and his second preference for the post of Sales Tax Officer, Class-I. Having secured 604 marks, the Petitioner did not qualify for one of the 14 vacancies in the open category and was placed immediately after the list of successful candidates. Out of the 22 vacant posts, the first 14 posts were for candidates from the open category and 8 posts were reserved for candidates from the Scheduled Caste and Scheduled Tribes and Other Backward Classes categories.

(2.) Since there were only 14 vacancies in the open category for the post of DSP, the Petitioner in keeping with his second preference, was appointed as Sales Tax Officer, Class-I, and he joined his duties in the said post on 22nd April, 1992.

(3.) Of the 14 candidates selected in the open category in the post of DSP, 3 candidates, 2 from the open category and one from the reserved category, were found to be physically unfit for the said post. On coming to learn of the above, the petitioner made a representation to the Minister of Home Affairs on 21st June, 1992, asking that the Maharashtra Public Service Commission be directed to recommend names from the 1990 batch according to the merit list, to fill up the vacancies caused.