VidhiSangh

Supreme Court of India · 03/05/2019

THE MAHARASHTRA PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY versus SANDEEP SHRIRAM WARADE AND OTHERS

[2019] 7 S.C.R. 94 · 2019 INSC 622

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Summary

Research experience in drug synthesis and testing could not substitute for the advertised essential practical experience in manufacture-related testing for Assistant Commissioner (Drugs) and Drug Inspector appointments. The preference for research experience operated only after basic eligibility was met. Courts could not rewrite clear recruitment conditions or decide qualification equivalence for the employer. Prior expert scrutiny and an interview invitation did not make an ineligible candidate eligible.

Issues

  1. Whether research-and-development testing experience satisfied the advertised essential experience.
  2. Whether the preference clause conferred eligibility independently of essential qualifications.
  3. Whether prior scrutiny and admission to interview estopped the employer from finding a candidate ineligible.

Held

Result

Appeals allowed without costs. High Court orders dated 4 May 2017 and 17 July 2017 set aside; its interpretation of eligibility for Assistant Commissioner (Drugs) and Drug Inspector posts rejected.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 94.