Bombay High Court stays appointment of SEBC candidates on EWS quota

The Bombay High Court on Thursday stayed the government decision of appointing candidates from the Socially and Educationally Backward Class (SEBC) to the posts reserved for Economically Weaker Sections (EWS) quota by the Maharashtra Public Service Commission (MPSC).

A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja granted the stay while hearing petitions by three candidates, originally belonging to the EWS, challenging the MPSC’s decision to appoint candidates from SEBC to the EWS quota.

The candidates contended that the decision would affect their appointment chances and their seniority level.

The candidates initially filed an application before the Maharashtra Administrative Tribunal (MAT) in March challenging the government decision. However, they failed to get any relief.

They approached the HC which rejected the appeal asking the tribunal to decide on the issue. In July this year, the HC held that those candidates from the Maratha community, whohad applied for jobs with the Maharashtra State Electricity Distribution Company Limited (MSEDCL) under the SEBC cannot, retrospectively, avail of benefits under the EWS quota.

Following the HC order, the MPSC issued a fresh merit list. The candidates from EWS once again urged the MAT to decide on their application and pass an interim relief in their favour contending that the HC order. On November 29, MAT refused to grant interim relief in their application.

Aggrieved, the candidates once again knocked onthe doors of the HC seeking urgent relief considering the government was to hand over appointment letters on Thursday. The bench then stayed the appointments on 111 posts and asked the MAT to decide on the application expeditiously.