Experience gained during probationary training does not count towards the required five years of experience for eligibility in recruitment processes.

JUDGMENT :

BHARATI DANGRE, J.

1. The Maharashtra Public Service Commission on 24/06/2021 issued an Advertisement inviting Applications for filing up 16 posts of Assistant Commissioner (Group A) on the establishment of the Municipal Corporation of Greater Bombay (“MCGM”). The Advertisement 004/2021 for the 16 posts included 11 posts for general category, out of which 7 posts were reserved for backward classes including SC/ST/NTD, OBC and EWC, whereas one post was reserved for women.

The said Advertisement set out the eligibility criteria including citizenship, minimum and maximum age limit, education qualification etc.

For being eligible, the following educational qualifications were prescribed :-

3.3.1: Candidate must possess a degree in Arts, Science, Law, Commerce, Medicine or Engineering of recognized University or an equivalent qualification.

3.3.2: Sufficient knowledge of Marathi language.

The experience required for the said post was stipulated in clause 3.4 as below

3.4 : Experience

3.4.1: Have administrative, executive or supervisory experience in a responsible capacity for not less than five years in Government, Semi-Government or any big industrial or commercial concern.

3.4.2: The experience of ex-armed force officers will be considered as supervisory experience for the duration they served in armed forces as commissioned officers.

3.4.3 : Candidate should mention all details and submit evidence regarding administrative experience, supervisory experience or executive experience on responsible post.

Clause 3.4.4 defined the term ‘responsible capacity’ as below :-

(1) Responsible post means, a post in Government Institute or Government Sector or Semi Government, in pay band M-23 Rs.41800-132300 or the higher pay band and a Gazetted Officer in grade pay.

In addition, if it is permissible to have equivalence in the aforesaid pay band and grade pay of any post in other field shall also deserve consideration.

2. The experience of Senior Managerial post in a private institution would also be entitled to be counted as a ‘responsible post’ and shall be considered eligible.

3. ‘Big Industrial Institute’ means such Private/Government Institute where more than thousand people are working.

2. The Eleven Petitions before us pertains to the aforesaid Advertisement and specifically involve Clause 3.4 and 3.4.4. and involve 8 vacant posts for which the MPSC has to recommend the candidates, as on 7 posts advertised, the candidates on being selected have already joined.

On the basis of challenge raised, to the recommendation of the persons impleaded as Respondents to the post, the challenge can be primarily divided into four categories ;

I) Whether the post of ‘Sub Engineer’ is a responsible post as per clause 3.4.4 and whether it involves discharge of administrative, supervisory or administrative functions.

II)Whether training/probationary period should be included or excluded from the desired experience for the post;

III) Whether the Respondents who are recommended by the MPSC are entitled to claim category of EWS

IV) Whether the Respondents possess five year experience, since there was delay in their joining.

3. Since the Advertisement prescribed the procedure for recruitment which involve conduct of interview of those candidates who were found to be eligible on conduct of written examination of 200 marks and upon securing 40% of the marks, a person was held eligible for interview and minimum marks to be acquired for interview was prescribed as 41%.The written examination was held on 31/10/2021 and list of90 eligible candidates was published on 23/03/2022. The candidates were, thereafter, required to submit the documents online and out of the list of 90, 26 candidates were held to be ineligible and the revised merit list was published on 11/08/2023. The candidates were thereafter called for interview and on 08/09/2023 a provisional merit list was published .

4. The grievance of the Petitioners who claim themselves to be qualified for being appointed on th