VidhiSangh

Supreme Court of India · 17/12/2021

MADHYA PRADESH PUBLIC SERVICE COMMISSION versus MANISH BAKAWALE & ORS.

[2021] 9 S.C.R. 978 · 2021 INSC 914

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Summary

The Court rejected a candidate’s claim to consideration for a lower-preference post after selection for Deputy Superintendent of Police failed because he did not meet the advertised height requirement. Under the applicable rules, inclusion in the main list for a higher preference excluded consideration for remaining preferences. The candidate had expressly declared that he met the physical requirements. Reopening his preferences after the common selection process would prejudice candidates selected on truthful declarations. The Commission’s appeal was allowed and the writ petition dismissed.

Issues

  1. Whether a candidate selected in the main list for a higher-preference post could demand consideration for a lower preference after failing the former’s physical eligibility requirement.

Provisions considered

Held

Result

Commission’s appeal allowed without costs; High Court orders set aside and candidate’s writ petition dismissed.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 978.