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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANGESH S. PATIL, PRAFULLA S. KHUBALKAR, JJ.
Vijay S/o. Vishwanath Sanap – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(MANGESH S. PATIL, J.) :
Considering commonalty of the issues raised in all these petitions from different benches of the High Court, those have been clubbed together, heard together and are being disposed of by this common judgment.
2. Rule. It is made returnable forthwith. Learned Advocate General Mr. Birendra Saraf, and the learned advocates for the respective respondents waive service. Considering the urgency and the ramification since challenges are put up to the entire merit list prepared by the Board of Examination of the State of Maharashtra, the matters are heard finally at the stage of admission.
3. At the outset, it would be apt to cull down the common issue to be addressed in all these petitions :
Whether candidates from the reserved category who have availed the concession to become eligible to participate in the examination to select the candidates for a post, can migrate to an open/unreserved category on the basis of their scores in the selection examination.
4. All these petitions put up a challenge to the merit list published on 25.02.2024 for recommending the candidate to individual establishments for recruitment of teachers through an online portal viz. Pavi
Reserved category candidates who availed eligibility concessions cannot migrate to the unreserved category based on merit scores, as it undermines educational standards.
Reserved category candidates who received eligibility concessions cannot migrate to the unreserved category based on merit scores, as this would undermine educational standards.
(1) Reservation – Relaxation or concession in qualifying examination merely creates a level playing field where no concession or relaxation is granted in ultimate selection and same is solely made on....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
The court held that the reservation process must integrate all qualifying evaluations to ensure equitable treatment for candidates from reserved and unreserved categories, as mandated by law.
Passing the TET examination is a necessary qualification for appointment as a teacher, and denial based on marks below 60% for unreserved category is not legally valid.
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.
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.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
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