JUDGMENT :

Sandeep V. Marne, J.

THE CHALLENGE

1. The challenge in this group of writ petitions is to the common judgment and order 8th May, 2019 passed by the Maharashtra Administrative Tribunal, Mumbai (the Tribunal) in Original Application No. 1091 of 2015 along with connected original applications. In the impugned judgment, the Tribunal has held the action of Maharashtra Public Service Commission (MPSC) in shortlisting candidates on the strength of possession of higher educational qualification as unsustainable. The action of shortlisting adopted by MPSC is interpreted by the Tribunal as en bloc elimination of candidates holding lower qualification of bachelor’s degree in dental surgery (BDS). The Tribunal has also held that candidates having experience in private hospitals/clinics could also be considered for determining eligibility. The Tribunal has directed MPSC to revise the list of selected candidates and send additional names by including therein names of Original Applicants meeting the minimum prescribed qualifications.

2. MPSC is aggrieved by the Tribunal’s judgment to the limited extent of setting aside shortlisting criteria and treating shortlisting as en bloc elimination of candidates with BDS qualifications.

3. The contractual/temporary candidates already in service as clinical assistants (original applicants) are also aggrieved by the finding of the Tribunal accepting experience of candidates in private hospitals/clinics. Therefore, even though the operative portion of Tribunal’s order is in their favour, they have filed Petitions challenging the Tribunal’s order to that limited extent.

4. In short, neither MPSC nor the Original Applicants are aggrieved by direction of the Tribunal for revision of the list of selected candidates and sending of additional names by including their names therein.

FACTS

5. A brief factual narration as a prologue to the judgment would be necessary. MPSC published advertisement / recruitment notice on 31st July 2015 for filling up 189 posts of Dental Surgeon. The eligibility criteria prescribed is bachelor’s degree in dental surgery (BDS) with one year’s experience as clinical assistant or in a post equivalent or higher than the post of clinical assistant. Advertisement prescribed preference to candidates possessing Post Graduate qualification in Dental Surgery (MDS).

6. Under the National Rural Health Mission Program adopted in the State of Maharashtra, several individuals were engaged as Dental Surgeon in various government recognized hospitals on contract basis. They have been recruited with qualification of BDS. They submitted applications in pursuance of the advertisement issued by the MPSC for regular appointment on the post of Dental Surgeon in pursuance of possession of minimum prescribed qualification of BDS. Several outside candidates also submitted their applications in pursuance of the advertisement. Many such of candidates possessed higher qualification of Post Graduate Degree in Dental Surgery viz. MDS.

7. It appears that there was confusion about the exact experience to be taken into consideration. MPSC, therefore, sought clarification from the Department of Health, Government of Maharashtra, as to whether candidates with experience in private hospitals/clinics could also be considered. On 1st October 2015, the Government of Maharashtra opined that private and academic experience would also be considered by MPSC, which proceeded to consider candidates possessing experience in private hospitals/clinics. MPSC also applied the criteria of possession of higher educational qualifications (MDS) for shortlisting the candidates on the ground that the number of candidates, who applied, were quite large in number. This was apparently done under the provisions of the Maharashtra Public Service Commission Rules of Procedure, 2014 (Rules of 2014). It appears that the candidates who were