Candidates must possess and submit valid non-creamy layer certificates as per the advertisement requirements at the time of online application, and false declaration can lead to dismissal of candidature.

JUDGMENT

SANDEEP V.MARNE, J. - Rule. Rule made returnable forthwith with consent of the parties and is taken up for final hearing.

2. By this Petition, Petitioners assail judgment and order dtd. 9/1/2023 passed by the Maharashtra Administrative Tribunal, Mumbai (hereinafter referred to as "Tribunal" for short) in Original Application No.701 of 2022. The Original Application was instituted by the Petitioners challenging their non-selection on the post of Talathi vide communication dtd. 27/5/2021.

3. The selection was convened by the District Selection Board and Collector, Satara, for filling of 114 posts of Talathi. The Petitioners applied in pursuance of the selection under various following categories:

4. Under the stipulations of the advertisement, it was incumbent for the candidates applying for reservation in above categories to produce noncreamy layer certificate for the year 2018-19 valid up to 31/3/2019. All Petitioners stated 'applicable' in the column seeking information about 'noncreamy layer certificate'. The advertisement stipulated possession of valid non-creamy layer certificate as on date filling of online application form. It is common ground that none of the Petitioners were in possession of the requisite non-creamy layer certificates and applied the same after filling of the online application forms and the same were issued well after filling of the online application forms.

5. The Petitioners however were permitted to participate in the selection process. They apparently cleared the written test and their names were allegedly included in the original selection list. By letter dtd. 28/12/2020, they were directed to remain present for verification of their documents scheduled to be conducted from 6/1/2021 to 9/1/2021. It is contended that communications dtd. 19/1/2021 was sent to each of the Petitioners alleging non-submission of non-creamy layer certificate valid up on 31/3/2019. They were granted an opportunity to submit the same by 27/1/2021. However, on account of failure of the Petitioners to submit non-creamy layer certificate valid upto 31/3/2019, the candidatures were cancelled vide order dtd. 27/5/2021.

6. Aggrieved by the communication dtd. 27/5/2021, Petitioners instituted Original Application No.701 of 2022 before the Tribunal which came to be dismissed by judgment and order dtd. 9/1/2023. Aggrieved by the decision of the Tribunal, the Petitioners have filed present Petition.

7. Appearing for the Petitioner Mr. Kulkarni, the learned Counsel would submit that there is no dispute to the position that the Petitioners do belong to non-creamy layer category. He would submit that as long as the Petitioners' status as non-creamy layer category is not under dispute, Respondents cannot be permitted to take a hyper-technical defence and reject candidature of the Petitioners only on account of non-possession of the requisite certificates at the time of filling up of online application forms. It is submitted that in the past as well as in several other districts, candidates were permitted to submit non-creamy layer certificates subsequently and such candidates have been appointed in service. Reliance is placed on recruitment advertisement published by Maharashtra Public Service Commission (in short 'MPSC') in respect of some other posts for which candidates are permitted to submit non-creamy layer certificates of the subsequent period.

8. Mr. Kulkarni would rely upon the following judgments in support of his contentions:

i) The judgment of the Apex Court Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board and another reported in (2016) 4 SCC 754;

ii) The judgment of the Kerala High Court in Union of India vs.Abdul Rasheed (in WA No.655 of 2016, decided on 21/7/2016);

iii) The judgment of this Court, Bench at Aurangabad in Jyoti Nandkumar.Shende vs. The Chief Executive Officer and Ors. (in Writ Petition No.8360 of 2016, decided on 5/3/2018);

iv) The judgment of the Rajasthan High Court, Bench at Jaipur in