JUDGMENT :

Dipankar Datta, J.

P.C.:

1. This batch of six writ petitions are at the instance of multiple petitioners. These petitioners had responded to Advertisement No.5/2019 published by the Maharashtra Public Service Commission (hereafter “the MPSC”, for short) inviting applications from eligible candidates for selection and ultimate appointment on vacant posts of engineers in the Maharashtra Engineering Services. It is the specific claim of the petitioners that not only have they cleared the preliminary examination conducted by the MPSC, but also the mains examination. However, it is alleged that during the course of the selection process initiated by the MPSC several Government Resolutions (hereafter “GRs”, for short) have been issued which have the effect of impeding the petitioners’ right of consideration for such appointment.

2. The cause of action, as pleaded in the writ petitions, is common. All the petitioners belong to Economically Weaker Section (hereafter “E.W.S.”, for short) category and had applied as such for selection and appointment on posts reserved for E.W.S category of candidates. The Supreme Court in Jaishri Laxmanrao Patil vs. The Chief Minister & Ors. (2021) 2 SCC 785 having held reservation granted to the Maratha community by the Socially and Educationally Backward Classes Act, 2018 (hereafter “the SEBC Act”, for short) as ultra vires the Constitution and having struck down such enactment, the Government had opened a window for the candidates belonging to the Socially and Educationally Backward Classes (hereafter “S.E.B.C.”, for short) category to opt for the E.W.S. category upon change of reservation. The said policy of the Government, according to the petitioners, seriously prejudices the career prospects of the E.W.S. candidates like the petitioners who, after having competed with other candidates belonging to the same category, are now made to lock horns with S.E.B.C. category of candidates. According to them, the Government policy has led to an unnecessary intrusion in the reserved category for E.W.S. candidates and the level playing field, which was earlier available for E.W.S. candidates, has been taken away after the selection process has commenced. In view of law settled by the Supreme Court in a couple of decisions that the rules of the game cannot be changed after the game has commenced, the petitioners primarily have sought for quashing the relevant GRs, which place them at a disadvantageous position, as well as for direction on the MPSC to fill up the posts reserved for the E.W.S. category by candidates belonging to such category only based on their inter-se merit.

3. These writ petitions were moved some time in the middle of last year whereupon several orders have been passed over the past few months. Neither the advocate for the State nor the advocate for the MPSC objected to the maintainability of these writ petitions on the ground that the remedy of the petitioners, at the first instance, lay before the Maharashtra Administrative Tribunal (hereafter “the MAT”, for short) constituted under the Administrative Tribunals Act, 1985 (hereafter “the Act”, for short). The writ petitions having been listed before us on 2nd March, 2022, we had expressed in no uncertain terms that the petitioners ought to be relegated to the MAT for relief. An adjournment was prayed on behalf of the petitioners to enable Mr. Rajendra Deshmukh, learned senior advocate, to address us through the virtual platform from Aurangabad. We had granted such prayer and directed listing of all the writ petitions today. It is recorded that on behalf of the petitioners, other than Mr. Deshmukh none else has advanced arguments.

4. Mr. Deshmukh has spared no effort to impress upon us that remedy of the petitioners before the MAT notwithstanding, this Court ought to try the writ petitions having regard to the decisions of the Supreme Court in Bal Krishna Agarwal vs. State of U.P. & Ors. (MANU/SC/0574/1995 : 1995 LabIC 1396), T.K. Ranga