VidhiSangh

Supreme Court of India · 19/07/2019

VISHAL ASHOK THORAT AND ORS. versus RAJESH SHRIRAMBAPU FATE & ORS.

[2019] 9 S.C.R. 628 · 2019 INSC 781

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Summary

The High Court could not redraw a motor-vehicle inspector select list through a recruitment-rule challenge after holding that the petitioner could not challenge the governing advertisements. Affected selected candidates had not been impleaded by the petitioner, and the service dispute could not be treated as a public-interest case. The rule-validity questions were expressly left open, and the writ petition was dismissed.

Issues

  1. Whether the petitioner could obtain alteration of the selection through a rule challenge when his advertisement challenge was unavailable.
  2. Whether the selected candidates were necessary parties and the service dispute could be entertained as public-interest litigation.

Held

Result

Appeals allowed; High Court judgment set aside and writ petition dismissed. Validity of the challenged 2016 rules left open. Parties bear their own costs.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 628.