The Bombay High Court on Friday while refusing to grant interim stay on the recruitment process for police constables and medical NEET examinations, has clarified that the applications received under the February 9 advertisements shall be subject to further orders “in the interest of justice”.
No stay on NEET exam process, police recruitment
The court said that the clarification was necessary after it was brought to their notice that the government had issued an advertisement on February 9 calling for applications for filling up vacancies in police constabulary level. The last date for application for admissions for medical seats is March 10 and the deadline for submitting applications for police constable posts is March 30.
The court was hearing a petition filed by advocates Gunaratan Sadavarte, Jaishri Patil and Rajaram Patil challenging the law passed by the Maharashtra legislature granting 10% reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category in government jobs and education. The law was passed on February 20, and the Governor's notification was issued on February 26.
During the hearing, Sadavarte urged the court to grant interim stay on the police recruitment and admission process. Alternatively, he submitted that the government made a statement that it would not act on the advertisements till further orders.
Court's observations
“Considering the submissions made before us and without delving on the merits of the matter, we are of the opinion that in the meantime it would be in the interest of justice that, if any applications are received under the advertisement dated February 9, 2024 or any other similar advertisements taking benefit of the impugned Act, the same shall be subject to further orders to be passed on these proceedings,” a bench of Justices Girish Kulkarni and Firdosh Pooniwalla said.
The bench has also asked the authorities concerned to inform the candidates, who would apply following the advertisements, that the application would be subject to court orders.
However, advocate general Birendra Saraf said he could not make such a statement as he did not have any such instructions. Saraf informed the bench that the state had filed an application before the chief justice seeking to club all the petitions related to Maratha reservations.
Chief Justice DK Upadhyaya assured that he would pass an order on the application. The bench headed by Justice Kulkarni kept the matter for hearing on March 13, subject to order passed by the Chief Justice.
