EWS certificate with clerical error in validity year but correct income data and issuer's clarification must be accepted over hyper-technical rejection; substance prevails where format complies and error apparent.

JUDGMENT :

M.S. KARNIK, J.

1. This petition challenges the order dated 29^th January 2026 passed by the Maharashtra Administrative Tribunal, Mumbai (“TRIBUNAL” henceforth, in short) dismissing the Original Application No.1423 of 2025 (“OA” for short) filed by the petitioner/original applicant. The OA was filed by the petitioner for the following reliefs:-

“a. This Hon’ble Tribunal be pleased to hold that the general merit list published by Respondent on 30/10/2025 is incorrect as Respondent has failed to include name of the Applicant in the general merit list.

b. This Hon’ble Tribunal be pleased to quash and set aside impugned letter dated 09/11/2025 issued by MPSC and direct the Respondent MPSC to consider the Representation dated 12/11/2025-19/11/2025 submitted by the Applicant and further be pleased to direct Respondent MPSC to revise and include the name of the applicant in the general merit list and further, if found fit, direct MPSC to call for preferences from the applicant.”

2. The facts of the case in brief are that the petitioner is a candidate who belongs to the ‘Economically Weaker Section’ (“EWS” for short) who applied for appointment to the post in Civil Services and Multi- Cadre of the State of Maharashtra. An advertisement was published by the Respondent No.2 – Maharashtra Public Service Commission (“MPSC” for short) on 29^th December 2023 for the purpose of recruitment and filling-up 274 posts. The petitioner filed an application along with necessary documents and thereafter, the hall ticket was issued to the petitioner on 28^th April 2024. After clearing Preliminary Examinations, the second advertisement was published on 18^th March 2025 wherein it was stipulated as to the Main Examinations to be held on 28^th April 2025.

3. On 28^th March 2025, the petitioner filed an application form in the EWS Category (Female). The petitioner passed all examinations and scored 545.75 marks under EWS Female Category. The petitioner received an interview call letter on 1^st October 2025. As per clauses 5 and 6 of the interview letter, only after thorough verification of the petitioner’s documents, such interview letter was addressed which the petitioner attended. The general merit list was published by the respondent No.2 wherein the petitioner’s name was not enlisted. The last candidate from the said category had scored 532.25 marks and therefore, the petitioner having scored 545.75 marks was expecting that she would be appointed.

4. The petitioner, on inquiry, came to know that there was some error in her EWS certificate which fact was never communicated to her. Accordingly, a representation was made by the petitioner on 31^st October 2025 along with the EWS certificate. On 9^th November 2025, the respondent No.2 – MPSC addressed a letter to the petitioner seeking clarification of the documents submitted by the petitioner. By representation dated 12^th November 2025, the petitioner submitted the relevant EWS certificates for the years 2021-2022, 2022-2023, 2023-2024 and 2024-2025.

5. As there was no response from the respondent No.2, the petitioner filed OA before the Tribunal in December-2025. By the interim order dated 17^th December 2025, the Tribunal directed the respondents to permit the petitioner to participate in the selection process. The Tribunal dismissed the OA on 29^th January 2026 holding that the petitioner did not possess the EWS certificate for the year 2023-2024 which was an essential requirement.

6. Ms.Pranali Kakade, learned counsel for M