MUMBAI: The Bombay High Court earlier this week refused to hear a clutch of petitions filed by candidates from the Economically Weaker Section (EWS) category challenging the decision of the Maharashtra government allowing Maratha candidates to seek quota under the EWS category. The HC refused to hear the petitions for want of jurisdiction.
A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik was hearing a bunch of petitions filed by candidates belonging to the EWS category. The candidates claimed that they were eligible for selection and ultimate appointment on vacant posts of engineers in the Maharashtra Engineering Services.
They specifically claimed that not only have they cleared the preliminary examination conducted by the MPSC, but also the mains examination.
"However, during the course of the selection process initiated by the MPSC several Government Resolutions (GRs) have been issued which have the effect of impeding our right of consideration for such appointment," the students contended.
Notably, by virtue of these GRs the state had opened a window for the candidates belonging to the Socially and Educationally Backward Classes (SEBC) category to opt for the EWS category upon change of reservation.
The said policy of the government, according to the students, "seriously prejudices" the career prospects of the EWS candidates, who, after having competed with other candidates belonging to the same category, are now made to lock horns with the SEBC category of candidates.
The students further argued that the state government's policy has led to an unnecessary intrusion in the reserved category for EWS candidates and the level playing field, which was earlier available for EWS candidates, has been taken away after the selection process has commenced.
Having heard the contentions, the CJ said that the HC doesn't have a jurisdiction to hear the matter as the selection process has already begun. The Chief Justice accordingly, referred to numerous verdicts by the Supreme Court in this regard to back his opinion.
Accordingly, the bench opined that the correct forum for these students would be to approach the Maharashtra Administrative Tribunal (MAT).
"All these writ petitions must fail on the ground of lack of jurisdiction of this Court to try the same. The writ petitions are disposed of, granting liberty to the students to approach the MAT in accordance with law," the judges said.
"Since these writ petitions have been pending on the file of this Court for quite some time, we are certain that if the MAT is approached, it will bear in mind the provisions of the Limitation Act, 1963. Also, it shall proceed to decide the issues uninfluenced by the refusal of the Court to entertain the writ petitions. All contentions on merits are left open," the bench added.
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