The concession in examination fee did not deprive the reserved category candidates from consideration in the open category based on merit.

M.S. KARNIK, J.

Rule. Rule heard forthwith by consent of parties.

2. By this petition filed under Article 226 and 227 of the Constitution of India, the challenge of the petitioners is to an order dated 2nd November, 2017 passed by the Maharashtra Administrative Tribunal (hereinafter referred to as “the Tribunal” for short) in O.A.No.524 of 2016 with O.A.No.841 of 2017.

3. The petitioners filed O.A.No.841 of 2017 before the Tribunal. The petitioners are working on the post of Police Constables in the Police Force of the Government of Maharashtra. The respondent No.1 - The Maharashtra Public Service Commission (“MPSC” for short) conducts the “Limited Competitive Departmental Examination” (hereinafter referred to as “the said examination”) for the post of Police Sub-Inspector . Through the channel of the said examination the petitioners are seeking entry in the higher post i.e. Police Sub-Inspector . Having applied pursuant to the advertisement and upon passing the written examination, the petitioners are included in the select list of the Open merit category candidates. The grievance of the petitioners is that the select list also includes those candidates (viz. respondent Nos. 5 to 41) who have availed concession in payment of examination fees and also applied with the claim that their names would be considered only in the category or seats reserved for concerned reserved class of citizens and not Open merit category. It is the contention of the petitioners that the respondent Nos. 5 to 41 had applied for the seats reserved for the class of citizens to which they belong and that they have availed concession in payment of examination fees. They had declared that they intended to be considered only against reserved seats. They also had knowledge of MPSC's standing orders and uniform policy/practice which is duly notified that they cannot be considered for appointment on open merit competition category. The prayer of the petitioners in O.A., therefore, is that the respondent Nos.5 to 41 be de-listed from Open merit category and should be listed in the category meant for reservation of class of citizens to which they belong.

4. The Tribunal by the impugned judgment and order was pleased to dismiss the original application.

5. Learned Senior Counsel Shri Rajiv Chavan appearing for the petitioners assailing the order of the Tribunal, invited our attention to the policy of the MPSC in respect of the consideration of Backward Class candidates availing concession for migration to the Open merit category post. Learned Senior Counsel further invited our attention to the communication dated 13th August, 2013 whereby the UPSC had informed the respondent No.1-MPSC that a reserved category of candidate who avails the concession or relaxation in age, fee or any eligibility criteria is not recommended against a general category post. He also invited our attention to the Minutes of the Meeting of the 16th National Conference of Chairpersons of State Public Service Commissions wherein it was explained that if a reserved category candidate avails any relaxation of age, number of attempts, etc., he may be considered only for the reserved post. The Minutes further go to record that if the reserved category candidate, who has not availed of any relaxation and also qualifies as per general eligibility, in that case only he is considered for the Open merit category post as meritorious reserved category candidate.

6. Learned Senior Counsel also invited our attention to the standing order dated 14th July, 2014 issued by the MPSC thereby pointing out that it is clearly mentioned that those reserved category candidates who have availed concession or relaxation in respect of the age, examination fee or qualifications prescribed, such candidates cannot be considered for the Open category post as meritorious reserved candidates. He also invited our attention to the portion in the standing order which provides that in all examinations held after 14th July, 20