Candidate Cannot Alter Declaration Given About Correctness Of Details During Selection Process
Case: Madhya Pradesh Public Service Commission v. Manish Bakawale & Ors
Coram: Justices DY Chandrachud and AS Bopanna
Case No.: Civil Appeal No. 7721 Of 2021
Court Observation: “In such an event, the authority concerned on perusal of the application would presuppose that such physical eligibility criteria is possessed by the candidate concerned and he therefore has made his choice for the post. In such an even if the marks required for the said post is obtained by the candidate, he would be included in the main selection list. Though, the appointment is a subsequent act which would take place on verifying the details and the candidate being found to be eligible, the right of a candidate for selection will stand exhausted once he is in the main list as per the Rule. While taking note of this aspect, what is to be kept in view is that Clause (c)(2) of the Rule 4(3) concerned employs the phrase “selected in the main list” and “not appointed to the post.”
“As noted, the selection for all the posts in the instant case were through a single advertisement and common examination. The selection process conducted by the appellant for the benefit of the departments under the government was not one post after the other on completing the entire process to the higher post. Since, a common examination was held and the common merit list was prepared, the adjustment of the candidates were based on their preference according to their order in the merit list. The respondent No.1 having declared that he possessed the physical eligibility for the post of Deputy Superintendent of Police and since he had obtained the requisite marks he was selected and placed in the main selection list. It is true as indicated from the records that another Scheduled Caste candidate who had secured 892 marks had been given the post of CMO as per the preference indicated by him. When such is the process of selection, if the respondent No.1 who had made declaration about the correctness of his eligibility and secured the selection to be placed in the main list for the said post, he has to blame himself if found ineligible since his height was admittedly 162 cms. which was in fact within his knowledge. He ought not to have exercised the preference. But having acted so at that stage, if he seeks appointment to the next preferred post and such request is accepted, it will result in displacing a candidate who, having made a truthful declaration had indicated the appropriate preference, who is selected and placed in the main list. Therefore, in such circumstances, if any interference is made in the process of selection, apart from the fact that it could interfere with the administrative process would also cause hardship to the candidates who have already been appointed and are not before this Court.”
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