VidhiSangh

Supreme Court of India · 05/02/2021

GAJANAN BABULAL BANSODE & ORS. versus STATE OF MAHARASHTRA & ORS.

[2021] 1 S.C.R. 478 · 2021 INSC 63

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Summary

The Supreme Court restored interim protection against a Maharashtra resolution accommodating 636 additional Police Sub-Inspector candidates beyond the notified selection. The resolution was issued without consultation with the MPSC, and the Government had to justify any exceptional relaxation of recruitment ratios before the Tribunal. The reasons for vacating status quo were inadequate, and directing training in the challengers’ own petition was improper. The resolution was stayed pending a time-bound joint decision after notice to affected candidates.

Issues

  1. Whether the interim stay of the resolution accommodating additional candidates had properly been vacated while its legality remained before the Tribunal.
  2. What safeguards should govern the pending adjudication and participation of affected candidates.

Provisions considered

Held

Result

Appeal allowed; orders vacating interim protection and directing training set aside, the resolution stayed pending Tribunal proceedings, and joint adjudication with notice to affected candidates directed within six months.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 478.