Short-listing of candidates based on higher qualifications and academic excellence is a valid and fair practice in the recruitment process.

R.M. SAVANT, J.

1. Rule in all the above Writ Petitions with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The above group of Writ Petitions raise a common challenge inasmuch as they challenge the short listing of the candidates for the posts of Junior Clerk and Peon/Hamal for appointment on the establishment of various District Courts including Bombay City Civil Court, the Court of the learned Chief Metropolitan Magistrate, Mumbai, the Court of the Small Causes Court, Mumbai.

3. The factual matrix giving rise to the filing of the above Writ Petitions can in brief be stated thus :

An advertisement came to be published on 28/03/2018 on the official website of the High Court of Bombay inviting online applications for recruitment to the posts of Stenographers (L.G.), Junior Clerks and Peon/Hamal on the establishment of the various District Courts in the State of Maharashtra including Bombay City Civil Court, the Court of the learned Chief Metropolitan Magistrate, Mumbai, the Court of the Small Causes Court, Mumbai. As indicated above in so far as the above Writ Petitions are concerned they are restricted to the posts of Junior Clerks and Peon/Hamal and do not concern the posts of Stenographers (L.G.).

4. By the consent of the learned counsel for the parties, the above Writ Petition (Lodging) No.2049 of 2018 filed on the Original Side of this Court is treated as the lead matter. The facts which have been adverted to in the instant judgment, would therefore be referable to the said Writ Petition.

5. The said advertisement dated 28/03/2018 interalia mentions the qualifications for the post of Junior Clerk as well as Peon/Hamal. It would be relevant to reproduce the eligibility criteria for the posts of Junior Clerk and Peon/Hamal which for the sake of ready reference is reproduced herein under :

Eligibility Criteria :- Junior Clerk

Qualification :- A candidate for being eligible

(a) minimum passed S.S.C. Board Examination. Preference will, however, be given to Graduate and Law Graduates of any Recognized University in any faculty.

(b) must have passed Government Commercial Certificate Examination, or examination conducted by Government Board or I.T.I. for English Typing with speed of 40 w.p.m. and Marathi Typing with speed of 30 w.p.m.

(c) must possess Computer knowledge Certificate of any of the following institutes:

(a) DOEACC/NIELIT

(b) University

(c) CDAC

(d) MSCIT

(e) Vocational Course – State Government

(f) Vocational Course – Central Government

(g) ITI – Central Government

(h) ITI – State Government

(i) Technical Board

(d) Candidate should not have total number of living children more than 02 due to the children born after 28.03.2006.

Eligibility Criteria : - Peon/Hamal

Qualification :

(a) A candidate must have passed minimum 7th Standard with good physique.

(b) Candidate should not have total number of living children more than 02 due to the children born after 28.03.2006.”

The said advertisement also contains Common Instructions to all candidates. In the context of the challenge raised in the above Writ Petitions, Clause Nos.14, 22, 24 and 25 are relevant, which for the sake of ready reference are reproduced herein under :

“14 Candidates shall note that they may apply for several posts in several Districts. However since the recruitment tests are going to be held on the same day and same time in all Districts, the candidates will be able to appear only at one place. Therefore, every candidate may assess his chances of selection according to his qualification and number of posts advertised in each establishment and give preference of establishments and posts for which he would like to be considered. He may give as many as 10 preferences. But once application is submitted it would be final, it cannot be modified in any respect.

22. High Court has reserved the right of short-listing the candidate