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DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Vijay Babarao Shende – Appellant
Versus
Maharashtra Public Service Commission – Respondent
JUDGMENT/ORDER
SANDEEP V.MARNE, J. - Rule. Rule is made returnable forthwith. Heard the learned Counsel appearing for the parties finally.
2. By this Petition, Petitioner challenges judgment and order dated June 24, 2021 passed by the Maharashtra Administrative Tribunal, Mumbai (Tribunal), dismissing Original Application No.544 of 2018. The Original Application was filed by Petitioner challenging selection process for appointment to the post of Deputy Director, Town Planning initiated in pursuance of the Advertisement no.15/2018. Petitioner had prayed for declaration as to his eligibility and for his consideration in the selection process.
3. Briefly stated, facts of the case are that, Petitioner belongs to Scheduled Caste category. He was initially appointed as Assistant Town Planner on November 11, 1993. He was later appointed on the post of Town Planner through competitive examination conducted by Maharashtra Public Service Commission (MPSC) with effect from July 13, 2010. He further participated in the competitive examination for appointment as Assistant Director, Town Planning conducted by MPSC and came to be selected and appointed on that post with effect from March 6, 2014.
4. M
The court established that the Maharashtra Public Service Commission has the authority to apply shortlisting criteria based on experience, and candidates from reserved categories may only migrate to ....
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
The court clarified the distinction between horizontal and vertical reservations and ruled that candidates applying from the open category cannot be denied placement based solely on their reserved ca....
Categorization of candidates based on reserved categories during the selection process compromises merit and violates the rule of reservation.
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