Mumbai: Constables manning state coast move MAT

Recruited after the 26/11 attacks, the constables were denied entry to the 2017 sub-inspector recruitment exams owing to a discrepancy in state and central norms

Constables recruited shortly after the 26/11 terror attack in Mumbai to strengthen coastal security have moved the Maharashtra Administrative Tribunal (MAT) against a sub-inspector's recruitment drive that let them down. The petitioners are among around 200 constables who were recruited in 2010-2011 to man the coast of Maharashtra as Police Constable Khalashi (sailors).

Seven years later, these constables, all graduates, were refused permission to appear for a Sub-Inspector rank selection drive stating that they were not qualified enough. The constables have now pointed to the discrepancy in state and central recruitment norms. The matter will be heard today.

Constables Hanumant Sonawane, 30,  Rajiv Madne, 29, Pankaj Ohekar, 28 and Vijay Vairage, 28, are all posted with Costal Police in Ratnagiri district in the Police Launch Section. Their complaint criticises the action of the Secretary, general administrative department (GAD) and special inspector general of police (Motor Transport), Pune for not allowing them to participate in the selection process for the posts of Police Sub-Inspector First Class Engine Driver and Police Sub-Inspector Second Class Master that had been advertised in 2017.

The constables have stated that they all have Certificates of Competency to act as Second Class Engine Driver issued by the Maharashtra Maritime Board in accordance with the Inland Vessels Act of 1917 (a Central Act). Instead, the state, they alleged had come up with new rules around the Act and recruited people who did not have the speed boat driving licence.

The Inland Vessels Act of 1917  states that no person can operate a vessel unless he has certificates of competency or such a certificate is exempted, provided he has service of either Coast Guard, Indian Navy or regular Army for a period prescribed by the state government (eight years).

The petitioners' complaint states, "The state government is incompetent to frame rules that permit a person to operate a mechanically-propelled vessel for a period of 18 months without having license as per mandate of the Inland Vessels Act," and hence it is illegal as per Article 254 of the Constitution of India, that says that any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by the Parliament.

Advocate Rajeshwar Panchal, appearing for the constables, said that the state government was constitutionally obliged to ensure that the law made by the Parliament is enforced in the state. "Here, the state government has done exactly the opposite of what the Central Act has mandated. Once the selection process is set aside, the government is bound to re-adverstise the vacancy and the applicants can reapply,"  he said.

'Petitioners have no facts'
A senior officer from State Motor Transport Department, Pune, however, said, "We had outsourced the 2017 recruitment drive to an external agency, who carried out fair, impartial and transparent recruitment."

"Those who have been complaining, do possess certificates from the Maharashtra Maritime Board, but they do not fit in the minimum eight years of service criterion and therefore their applications were not considered for the PSI recruitment," he said, adding that some candidates had submitted similar maritime certificates obtained from other states which were not at par with the Maharashtra Maritime Board standards and therefore were rejected. Regarding the case at MAT, the official said, "Those complaining are speaking without any facts."

Countering the claim, advocate Panchal said, "The moot question we are raising is how the state government can appoint people at this post without having the competency certificate to operate a speed boat as per the Inland Vessels Act. We are thus demanding that all recruitments should be set aside and fresh hiring be started," he insisted.

2010
Year the constables were recruited

2017
Year the sub-inspector recruitment drive was held

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